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John L.

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Everything posted by John L.

  1. This week, two significant topics are making headlines: 1. The constitutional court decided equality rights in cases of adultery. I saw it in the news, clause 1527 of the Commercial and Civil Code of Thailand. 2. Additionally, the Senate has passed rights for gay marriage. The approval of the King is required (which is typically just a formality), as well as publication in the Royal Gazette. If I'm not mistaken, it should become valid 120 days after publication. The delay depends on the law. Clause 1527 has to be changed according to the Court in the next 360 days.
  2. If you are dealing with noisy neighbors, here are some steps you can take: 1. Communicate with Neighbors: Start by politely discussing the issue with your neighbors. They may be unaware that they are causing a disturbance. 2. Contact the Homeowners' Association or Juristic Person (JP): If you live in a condominium or an area with a homeowners association, notify the association or the JP about the problem. They might be able to resolve the issue informally. 3. File a Complaint with Local Authorities: If the noise continues despite your efforts, you can file a complaint with the local administrative authorities or the police. They can investigate and measure the noise levels. 4. Keep Evidence: Document the instances of noise disturbance, including dates, times, duration, and the nature of the noise. Recordings can also support your complaint. 5. Legal Action: As a last resort, you may consider legal action. Under Thai law, causing excessive noise can be considered a public nuisance, and those affected can file a civil action against the perpetrator for damages. In Thai law, the provisions that could potentially be applied to noise disturbances are Section 1337, which covers wrongful acts or torts, and Sections 423 and 1336 of the Thai Civil and Commercial Code. Section 423 refers to the abuse of rights, stating that property should not cause unnecessary harm or inconvenience to others. Section 1336 states that every person is bound to compensate for any harm caused to others by an act committed by oneself or those one is responsible for unless one can establish that the act was due to the victim's fault or by the nature of the thing itself or by force majeure. These provisions could provide a legal basis for action against a neighbor causing a noise disturbance, as it may be considered a nuisance that unlawfully interferes with your enjoyment of your property. Enforcing noise regulations can be challenging in practice and may require substantial evidence and persistence. Legal action may also strain neighborly relations, so it's often used as a last resort after attempting to resolve the matter amicably.
  3. Your inquiry is about verifying property ownership in Thailand before renting a property. Legally, to confirm ownership of a property in Thailand, you should review the title deed, known as the Chanote in Thai. The Chanote is the official document that proves ownership of land and property in Thailand. While utility accounts, such as electricity from the Metropolitan Electricity Authority (MEA), are usually under the property owner's name, this should not be solely relied upon as proof of ownership. Although the process of setting up an electricity account requires proof of address and property documents, a tenant or a third party can hold a utility account. To ensure your friend's security before transferring any funds or signing a rental agreement, the real estate agent should provide a copy of the actual Chanote. This document can then be cross-checked at the local Land Department for authenticity. This due diligence step is important because it assures your friend that the person she's dealing with has the legal right to rent the condo. If the agent or purported owner is reluctant to show the Chanote, it could raise concerns about the legitimacy of the rental transaction.
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