Preface
This Civil Procedure is in Thai and English version, of which the Thai content has been modified from the book Getting to Know the Courts of Justice, Part Civil Procedure by the Information and Public Relations Division, the Office of the Judiciary. The Sub-Committee for Selection and Review of Translation of Laws and Substantial Legal Documents Relevant to the Judicial Services of the Courts of Justice considered that it should be translated into English in order to publish information on civil procedure in an easily comprehensible manner to foreigners.
Furthermore, the purpose of this book is to be a manual for divisions under the Courts of Justice in explaining the civil procedure of Thailand to foreigners who contact with the Court to help them to have better understanding in the Thai legal system.
We hope that this book will be in great advantage, and any opinions or suggestions that you may have for the benefits of the next publication, please send them to the International Affairs Division, the Office of the Judiciary.
International Affairs Division
Office of the Judiciary
What is a civil case?
A civil case, commencing with the submission of a complaint to the Court, whether such plaint is made orally or in writing, is the case where there are unsettled disputes, arguments, or accusations with regard to personal rights in general, for instance, a plaint requesting the borrower and the surety to perform their obligations under the loan and the suretyship agreement, and a claim for eviction of a tenant from the leased premise.
The purpose thereof is to enforce the defendant to perform his or her obligation, to act or to restrain from certain action for the benefit of the plaintiff, not to impose physical punishment on the defendant, for instance, imprisonment or detention, or to impose monetary sanction on the defendant’s property, for instance, fine or forfeiture of property.
Besides the aforementioned disputes, arguments or accusations, civil cases also include the case where any third person is legally required to file an application with the Court for acknowledgement and protection of his or her rights, for instance, an application for the Court’s order with respect to the ownership of a land with title deed, acquired through peaceful and open possession of such property, and with the intention to be its owner, for an uninterrupted period of ten years, or a request for administering the estate of the deceased.