Note concerning Thailand Supreme court opinions: Thailand is a civil law jurisdiction that also has elements of the common law system. Accordingly, the principle law sources are acts, statutes and regulations. However, published Supreme court decisions are an important part of the legal development of Thailand and are frequently used as a secondary authority. (Summaries sponsored by Chaninat & Leeds) |
3/2550 Thailand Supreme
Court Opinion 7 (No. 422) 2007
Public Prosecutor of Nanglong Province vs. Mr. Monton Junlaboot
Re: Illegal Alien, Arrest, Confiscation of Property
The defendant unlawfully assisted an alien, who had violated the Immigration Act by illegally entering and residing in the Kingdom of Thailand, to escape arrest in Thailand by use of a truck as a vehicle to transport the illegal alien. In this case, the aforementioned truck cannot be deemed the property directly used by the defendant to commit such wrongful act according to section 33 (1) of the Criminal Code. Normally, a truck is used to transport persons and things from one place to another, which is the general purpose of a truck. Therefore, the truck cannot be confiscated in this instance. |
3/2550 Thailand Supreme
Court Opinion 48 (No. 1563) 2007
Mr. Chan Sarasuk vs. Mr. Tasanai Jindaonit
Re: Contentious Possession, Servitude on Land, Legal Right
In determining the legal right to servitude of land according to section 1401 of the Civil and Commercial Code, rights to servitude of such land at expiry of the statute of limitations of 10 years shall be enforced based on Title III, Book IV, although taking into consideration extenuating circumstances. Moreover, the owner of the dominant Thailand land must have publicly and peacefully used the servient land for his benefit and with the intention of rights to servitude according to section 1401 of the Civil and Commercial Code, and including section 1382.
However, people living together in rural areas normally use a parcel of land for access on presumption, which is an expression of graciousness and generosity toward others in society. The use of the disputed access way by the plaintiff is similar. It cannot be deemed that the plaintiff contentiously possessed ownership over the disputed access way according to section 1382 of the Civil and Commercial Code. Furthermore, even though the plaintiff had used the disputed access way of the defendant for over 10 years, the disputed land does not provide the plaintiff a legal servitude right. |
