Modern Thailand Civil Law

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There are many ways to identify the legal system of each country whether it is civil law or common law. One of the easiest ways is that the legal system needs to reach three requirements which are being based on Roman law, having the written law as the main source of law and having a code of law. This essay will demonstrate the question that “Is modern Thai law considered a civil law system?” by using those three factors to indicate the answer. Firstly, most private law principles are based on Roman law. Originally Roman’s law was a set of unwritten customs, orally passed from generation to generation. These laws were only applicable to Roman citizen. Later there was an agitation brought up by plebeians, they wanted the laws to be written…show more content…
Section 4 of Thai Civil and Commercial Code states that “The law must be applied in all cases which come within the letter or the spirit of any of its provisions. Whereas no provision is applicable, the case shall be decided according to the local custom. If there is no such custom, the case shall be decided by analogy to the provision most nearly applicable, and, in default of such provision, by the general principles of law.” According to section 4 Thailand has three types of law which are recognized in the code the first one is written law, the second one is customary law and the third one is general principle of law. The written law is the most important one. If a judge or lawyer cannot find a written law that directly apply the dispute then they will have to look for customary law and if there is no applicable customary law they will have to look for the general principles. It can be concluded that the sources of Thai law can be grouped in to two main categories which are written law and unwritten law (customary law and general principle). The written law category has a sub-division called primary registration which is primary source of registration because in a democratic country law is supposed to be issued by the legislative organ of the government or the state which has the highest authority to pass the…show more content…
During the reign of Napoleon, he asked the draftsmen of the French civil code which was promulgated in 1804 to adopt the structure of the Institutes for the French civil code. On the other hand the German were more advance than the French. After the German had studied French Civil Code they said that the structure of the Institutes was not practical. They agreed that they should have a small systematic civil code so they re-order the chapters from three chapters (the law of property, the law of obligations and the law of succession) to five chapters which are general parts, the law of obligation, the law of property, the law of family and the law of succession. Later on Thai has adopted the structure of German Civil Code and created Thai Civil and Commercial Code. From the three paragraphs that this essay has demonstrated it can be noticed that Thai law has reach all three requirement for being a civil law system. Most of Thai private law principles are based on Roman law since Thai law is influenced by the German law which is adopted from Roman law, the main source of Thai law is written law and the structure of Thai private law code follows the structure of the Institutes. So it can be concluded that modern Thai law is considered as a civil law
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