Thailand Civil Procedure Code Section-271

TITLE II
EXECUTION OF JUDGEMENTS OR ORDERS271


CHAPTER I GENERAL PRINCIPLES


PART I
COURTS COMPETENT IN EXECUTION


Section 271.272 The court which is competent for execution which shall have the power to prescribe measures of execution under section 276 and the power to make a decision or issue an order on any matter relating to the execution of a judgement or order, shall be the court which has tried and adjudicated the case in the first instance or as provided by law.

If the appeal court or the Supreme Court forwards a case to another court of first instance which does not render the judgement or order appealed or petitioned against, for a new trial and judgement under section 243 (2) and (3), the court which renders a new judgement or order shall be the court competent for execution, unless the appeal court or the Supreme Court, as the case may be, prescribes otherwise.

In the case where execution is required to be carried out outside the jurisdiction of the court, the court competent for execution shall have the power to appoint another court to carry out the execution on its behalf. Alternatively, the judgement creditor may file a statement with, or the executing officer may submit a report to the court where the execution is to be carried out, together with a copy of the writ of execution or a copy of the order prescribing the measures of execution, and in this case, such court shall inform the court competent for execution without delay. The court where the execution is to be carried out shall appoint an executing officer or issue any other order for further execution proceedings.

In case of seizure of property or attachment of claims, the court commissioned to carry out the execution shall send the property seized or attached or the proceeds derived from the sale of such property, as the case may be, to the court competent for execution for proceeding in accordance with law.

In the case where execution is carried out outside the jurisdiction of the court in a defective or erroneous manner or in violation of law, the court commissioned to carry out the execution shall have the power to order revocation or rectification of the entire execution

proceedings or any particular measure of execution, or to issue an order prescribing  any measure for an executing officer to rectify such defect, error or violation, as well as to carry out any other proceedings incidental thereto, unless the  execution  is  completed  and  the result thereof has already been informed to the court competent for execution, in which case it shall exclusively be the power of the court competent for execution.

Unofficial Translation Chaninat and Leeds Ltd. Thailand Child Abduction Attorneys

<<< Previous Page — Next Page >>>
Back to Main Index

Leave a Reply

Your email address will not be published. Required fields are marked *

Weekly Reload Bonus - Neon 54 casino! Immediate Vault Immediate Byte Pro Invest Wave Max Cógaslann ar líne Clonaslee Pharmacy leis na praghsanna is fearr in Éirinn