Thailand Civil Procedure Code-Section-1
THE CIVIL PROCEDURE CODE
BOOK I GENERAL PROVISIONS
TITLE I DEFINITIONS
DEFINITIONS
Section 1. In this Code, unless the context otherwise requires:
- “court” means a court of justice or judge competent to try and adjudicate civil
- “case” means all proceedings commencing from the submission of a plaint to a court for acknowledgement, protection, enforcement or giving effect of a right or duty;
- “plaint” means any proceedings in which a plaintiff submits a claim to a court, irrespective of whether the submission is made orally or in writing; or is made to a court of first instance or on appeal or on petition; or is made at the institution of the case by a plaint or application or subsequently by a supplementary or amended plaint, by a counterclaim, by means of voluntary or compulsory interpleading in the case, or by a request for a new trial;
- “answer” means any proceedings in which one party sets up a defence in reply to a plaint as provided in this Code, except an argument;
- “pleading” means all plaints, answers or motions filed with a court for the purpose of raising an issue between the parties;
- “argument” means an oral or written statement made or filed with a court by a party with an aim to submit his or her opinion to the court on the issues raised in the pleadings or on any question on which the court will give an order or judgement, provided that such party merely sets forth or recalls or confirms or explains the evidence and all questions of law and of fact. An argument may be included in a pleading;
- “proceedings” means any act as provided in this Code in relation to a case carried out by a party to such case or by the court or in accordance with the court’s order, irrespective of whether such act is carried out by any party towards the court or towards the opposing party or by the court towards any party or towards all parties, and shall include service of pleadings and other documents as provided in this Code;
- “trial” means all proceedings in any court before such court has adjudicated or disposed of the case by a judgement or order;
- “hearing” means the sitting held by a court with respect to the trial of a case, such as for settling issues, taking evidence, conducting examination, hearing requests and hearing oral arguments;
- “date of taking evidence” means the date on which the court commences the taking of evidence;
- “party” means a person who files a plaint with, or is sued before a court, and shall, for the purpose of carrying out any proceedings, include a person entitled to act on behalf of such person according to law or in the capacity of a counsel;
- “incapacitated person” means any person who has no legal capacity or whose capacity is limited by the provisions of the Civil and Commercial Code governing capacity;
- “legal representative” means a person who is entitled by law to act on behalf of incapacitated person, or a person whose permission or consent is required for an incapacitated person to carry out any act;
- 7“executing officer” means a competent official of the Legal Execution Department or any other official who has the power under the provisions of law then in force to carry out the measures provided by Book IV of this Code for the protection of the rights of any party during trial or for the enforcement of a judgement or order, and shall include any person assigned by an executing officer to act on his or her behalf.
Unofficial Translation Chaninat and Leeds Ltd. Child Abduction Lawyers in Thailand
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