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Legally a long term lease or leasehold agreement can under Thai law best be described as a prepaid tenancy contract. Lease is in the Thailand Civil and Commercial Code placed under the chapter ‘specific contracts’, meaning that it is not a real property right (asset) or true leasehold but a personal contract right primarily attached to the lessee. Lease in Thailand is not a fixed asset. A lease agreement in Thailand can be terminated premature (breach of lease contract), cannot be mortgaged, is under rent of property laws not automatically inheritable and the lessee only has a legal right to sub-let and assign the remaining period left on a lease when this is agreed in the lease agreement. Assignment of the lease agreement always requires cooperation and approval of the owner of the property and registration at the Land Department (which can only be done by the Thai owner).
Litigation involves bringing controversies to the proper forum for the resolution of issues. While representation is not mandatory in a few cases, the assistance of a Thai counsel is indispensable in most. This holds true not only for Thai litigants, but for foreign parties most especially. Aside from assurance that all legal rights and defenses are made available to the litigant, he is likewise given a “voice” in a forum where all proceedings are conducted in a language that may be foreign to him.
Note that work under the Foreign Employment Act is described very broadly, i.e. working by exercising one’s physical energy or employing one’s knowledge, whether or not for wages or other benefits. The law does NOT define work as doing something in return for financial or any other reward. Working without a valid work permit leads to fines, possible imprisonment and deportation out of Thailand. To be able to legally work in Thailand the foreigner must have a valid visa and a work permit issued in his name. Secondly, foreigners are only allowed to perform work that does not violate the Alien Employment Act (i.e.not engage in work prohibited for foreigners). What the foreigner is allowed to do and where under his work permit is described in the work permit. For example, foreigners working for 2 different companies doing the same work, must have 2 work permits, one for each company.
Land ownership in Thailand is governed by the Land Code Act and under Thai land laws only Thai nationals are allowed to own land or have a confirmed right of possession of land. Foreigners may not own land unless there is a treaty or exemption allowing the foreigner to own land in Thailand (section 86). Thailand has currently no treaty with any country allowing a foreigner to acquire land in Thailand. Any foreigner who violates foreign land ownership restrictions could be fined and/or sent to jail for a term of up to 2 years (Land Code act section 111). A Ta.Bian.Baan or Tabien Baan is the document which gives the address of a house or apartment unit and states the persons who have legal domicile at the address. A house book is issued by the local municipality and is merely a registration document. As opposed to Thai nationals a house book is generally not considered an important document for foreigners. We have helped a growing number of clients find the right lawyer for their specific case in Thailand. Using a lawyer requires both trust and reliability. That is why the lawyers in our partner program undergo an admission process to ensure our network only consists of the best English-speaking lawyers in Thailand. Our extensive network of lawyers helps us find the ideal lawyers for your specific case. Discover additional info about https://3lawyersthailand.com/.
