Thailand Civil Procedure Code Section-359
PART II
EXECUTION IN CASE OF ABSTINENCE FROM ACTS
Section 359.360 With regard to execution in the case where a judgement or an order of a court requires a judgement debtor to abstain from performing an act, the judgement creditor may request the court to issue an order to arrest and detain the judgement debtor according to section 361, and request the court to also issue any of the following orders:
- To compel the judgement debtor to pay compensation for damage arising from the failure to abstain from the act;
- To demolish or destroy property resulted from the failure to abstain from the act unless the law governing such matter prescribes the measures for dealing with such property otherwise.
In the case of (1), where the court, after conducting an examination, views that such request is admissible, the court shall issue an order requiring the judgement debtor to pay compensation in an amount as it sees fit.
In the case where the court issues an order under (2), the court shall notify the order to the executing officer, and the executing officer shall proceed to comply with the order of the court at the expenses of the judgement debtor.
The request and action under this section shall not be subject to court fees. The compensation determined by the court under paragraph two and the expenses under paragraph three shall be deemed to be judgement debts which shall be subject to further execution.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Attorneys
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