Thailand Law Journal Spring 2013 Volume 16 Issue 1

Inside TLF

Law Journal

Law Database

Supreme Court Opinions

Submissions

The Thailand Law Forum welcomes submissions of articles by students, professors, judges and practitioners.

Academic articles may be submitted for review for publication in the Thailand Law Journal

The TLF also publishes serious essays and commentary on current legal issues.

Thailand Law Journal
2013 Spring (Issue 1) Volume 16

PIERCING THE CORPORATE VEIL DOCTRINE IN COMPARATIVE VIEW

PRAPHRUT CHATPRAPACHAI

This article examines the corporate liability veil law in Japan, use law concerning Thailand and the USA in a comparative law analysis.

THE LAWS AND POLICIES OF THAILAND IN SUPPORTING ELECTRONIC COMMERCE

ORABHUND PANUSPATTHNA

The article looks at whether Thailand has the proper policies and laws to support the growth of trade via electronic commerce. The author covers the available types of electronic commerce as well as advantages of electronic commerce and its value in Thailand. A second part demonstrates the policies and master plans of Thailand which concern electronic commerce. A final section reviews the present legal provisions in Thailand, both directly and indirectly, relating to commerce to support growth in Thailand.

GETTING DRUNK IN SINGAPORE AND MALAYSIA

A. P. SlMESTER

In Singapore and Malaysia the intoxication provisions set out in sections 85 and 86 of the Singaporean and Malaysian Penal Codes are often described as "General Exceptions". This article by A.P. Simester, Professor, Faculty at Law at the National University of Singapore, argues that such provisions is not to create a legal defense, rather it allows persons who do not ordinarily satisfy the mens rea requirement of a crime to be convicted when their lack of mens rea is connected with intoxication.

THE QUEST FOR OPTIMAL STATE INTERVENTION IN PARENTING CHILDREN: NAVIGATING WITHIN THE THICK GREY LINE

DEBBIE ONG SIEW LING

This article draws upon law and social science research in examining the private and public spheres in parenting children. It argues for state intervention in cases where evidence of acts can be marked out with clear consensus as constituting abuse or ill-treatment. Beyond this, there is a substantially large area of uncertainty, a ‘thick grey line’, within which it is not always clear whether parents’ behaviour should be regarded as abuse or ill-treatment. ‘Better safe than sorry’ is an inappropriate adage for supporting intervention in the thick grey line. The law should guard against being overzealous in interfering in the parent and child relationship. Suggestions are made on law reform of the statutory provisions on child protection as well as how the court may, under the current provisions, be guided to make appropriate orders in this area.

THE NON-PECUNIARY DAMAGES IN WRONGFUL ACTS CAUSING BODILY HARM AND DEATH: THE COMPARATIVE STUDY ON U.S. AND THAILAND LAWS

WORRAWONG ATCHARAWONGCHAI

Liability for non-pecuniary damage remains a controversial topic in tort law and in particular whether non-pecuniary damages should be awarded to victims. This article by Worrawong Atcharawonghai, Judge of Phuket Provincial Court and Thai Barrister at Law, analyses the difference between the law of non-pecuniary damages in Thailand and in the US and considers applying the concept of the US non-pecuniary damages based system to Thailand where it is not really recognised. In Thailand non-pecuniary damages are granted only for some injuries, namely personal injury and loss of liberty. Although each US state may be different, many states collectively define non-pecuniary damages as compensation for pain and suffering. In the US, the jury system determines damages in non-pecuniary trials. The article concludes that Thailand should consider reforming its present position on Tort law to broaden the court's discretion in awarding damages, especially in cases where pain and suffering was incurred prior to death.

PERSONAL INJURY AND DAMAGES FOR NON-PECUNIARY LOSS IN THE LAW OF TORTS AND THE PRODUCT LIABILITY LAW

ISARA LOVANICH

The article analyses the state of damage and the state of compensation in Thailand and considers how there is a loophole in the law in that damage recovery for non-pecuniary loss is not accompanied by damages caused by injury to body, health or liberty. The article looks at how different legal jurisdictions addresses this question and then concludes with what possible solutions could be undertaken by Thailand in the future.

BECOMING A SURROGATE ONLINE: "MESSAGE BOARD" SURROGACY IN THAILAND

YURI HIBINO AND YOSUKE SHIMAZONO

Surrogacy, whilst still extremely contentious, is becoming an increasingly more attractive option for infertile couples. This article by Yuri Hibino and Yosuke Shimazono, explores the new trend of Thai women advertising their availability and so called qualities to be a surrogacy on specialized message boards following the emergence of Thailand as a global hub of medical tourism. It was found the most common reason for these women to volunteer for surrogacy was financial seconded by empathy for the infertile companies. The findings of the study were then compared with results of similar studies in other countries.

While this site does provide information on law-related topics, it does not provide legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link. Before taking any legal action, persons are advised to seek the advice of an attorney qualified in the area of law concerned.