Thailand Civil Procedure Code Intro Act

ACT PROMULGATING

THE CIVIL PROCEDURE CODE B.E.  2477

In the Name of His Majesty King Ananda Mahidol, The Council of Regency,

(By the Notification of the President of the House of Representatives

Dated 7th March B.E. 2477)

Anuwat  Chaturon Aditya Dibabha

Chaophya Yommarat

Given on the 15th Day of June B.E. 2478; Being the 2nd Year of the Present Reign.

Whereas the House of Representatives has resolved that it is deemed expedient that all civil procedure laws currently in force shall be repealed and replaced by the Civil Procedure Code;

Be it, therefore, enacted by the King by and with the advice and consent of the House of Representatives, as follows:

Section 1. This Act is called the “Act Promulgating the Civil Procedure Code, B.E. 2477 (1934)”.

Section 2.1 This Act shall come into force as from the date of its publication in the Government  Gazette.

Section 3. The Civil Procedure Code as annexed to this Act shall come into force as from the 1st day of October, B.E. 2478 (1935).

The provisions of this Code shall apply in all general courts throughout the Kingdom, except special courts subject to the regulations of their own and except where there is a law permitting the application of any customs or religious law, in which case the court shall apply such customs or law in lieu of the provisions of this Code, unless the parties agree that this Code shall apply.

The provisions of this Code shall apply to all cases pending in courts on the date on which this Code comes into force or filed with courts after such date, irrespective of whether or not the grounds of action exist before or after such date.

Section 4. From the date on which this Civil Procedure Code has come into force, all other laws, rules and regulations which are already provided for in this Code or are inconsistent with the provisions of this Code shall be repealed.

Section 5.2 The Minister of Justice shall have the power to issue Ministerial Regulations under the Civil Procedure Code with respect to the following matters:

• To lay down administrative rules with regard to executing officers, including determination of  fees  other  than  those  specified  in  Table  V  annexed  to  this  Code  and

reimbursement of their expenses;

• To lay down administrative rules with regard to seizure and attachment and realisation of property by a sale by auction or by other methods and other measures of execution to be complied with by executing officers.

Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

Section 6.3 The President of the Supreme Court with the approval of the Judicial Administration Commission shall have the power to issue Regulations under the Civil Procedure Code with respect to the following matters:

1. Appointment, designation and swearing of interpreters, translators and experts, determination of their commissions and reimbursement of their expenses;
   (1/1)4 Determination of commissions, travelling and accommodation expenses of the witnesses summoned to appear by a court;
2. To  lay   down   administrative   rules   with   regard   to   court   officers,   including determination  of  fees  other  than  those  specified  in  Table  V  annexed  to  this  Code  and reimbursement of their expenses;
3. To lay down administrative rules with regard to maintenance and destruction of case lists, judgement lists, judgement books and other lists of courts as well as all files;
4. To lay down administrative rules with regard to the filing of documents to competent authorities of a court for further submission to the court or to the parties or any person, and with regard to the making of oral requests to a court for the trial and adjudication of petty cases;
5. To lay down administrative rules with regard to the service of original documents by one party on the opposing party.

Such Regulations shall come into force upon their publication in the Government Gazette.

 

Countersigned by:

Colonel Phya Phahon Phonpayuhasena Prime Minister

 

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1. Section 5 has been amended by the Act Promulgating the Civil Procedure Code ( 2), B.E. 2543 (2000).

2. Section 6 has been added by the Act Promulgating the Civil Procedure Code (No. 2), E. 2543 (2000).

3. Section 6 (1/1) has been added by the Act Promulgating the Civil Procedure Code (N 3), B.E. 2558 (2015).

 

Unofficial Translation, Chaninat and Leeds,  Child Abduction Lawyers in Thailand

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