Legal Certainty

[swissie]

Most Farangs living in Thailand originate from a so called 1st world country. "Legal-Certainty" is rock-solid in those countries.

Like many other countries, Thailand does not qualify as a "Legal-Certainty" country, especially if a disputed matter involves a Farang.

Ranging from petty rental-disputes all the way to property-issues. By trying to settle a legal dispute in a Thai court of law, many a Farang have experienced the difference between "Legal-Certainty" and "Legal-UNcertainty" rather painfully.

Food for thought, mainly for potential "Investors".

Cheers.

[beachproperty]

Any "Concrete" examples? Or is it just based on "heresay"?

[trogers]

I think the uncertainty raised is due to the fact that Thai common law is not based on a firm principle of precedent, but rather, on the interpretation of the facts of individual cases.

[swissie]

Any "Concrete" examples? Or is it just based on "heresay"?

Next to a few fellow Farang-Friends that had the pleasure to get entangled in the Thai legal-system, I take my clues from my Thai-Lawyer, specializing in "Farang-Matters". He knows me for over 5 years, so he is quite "outspoken" as far as this subject is concerned. What he conveys to me on occasion is simply "scary".

Cheers.

[swissie]

I think the uncertainty raised is due to the fact that Thai common law is not based on a firm principle of precedent, but rather, on the interpretation of the facts of individual cases.

Quote: but rather, on the interpretation of the facts of individual cases.

IN PLAIN ENGLISH: Not everybody is equal before the law, it depends of who you know and who you are. Best description for "Legal UNcertainty".

I rest my case.

Cheers.

[trogers]

I think the uncertainty raised is due to the fact that Thai common law is not based on a firm principle of precedent, but rather, on the interpretation of the facts of individual cases.

Quote: but rather, on the interpretation of the facts of individual cases.

IN PLAIN ENGLISH: Not everybody is equal before the law, it depends of who you know and who you are. Best description for "Legal UNcertainty".

I rest my case.

Cheers.

How else would the excuse "It was just an honest mistake" be perfectly accepted by the court?

[beachproperty]

Any "Concrete" examples? Or is it just based on "heresay"?

Next to a few fellow Farang-Friends that had the pleasure to get entangled in the Thai legal-system, I take my clues from my Thai-Lawyer, specializing in "Farang-Matters". He knows me for over 5 years, so he is quite "outspoken" as far as this subject is concerned. What he conveys to me on occasion is simply "scary".

Cheers.

Soooo.....it's just based on "hearsay"

Edited July 18, 2016 by beachproperty

[Paul944]

You will be surprised about the uncertainty in "Legal-Certainty" first world countries.

- People attacked and beaten by their neighbors are advised by the police not to press charges because then their relatives will also be attacked.

- Girls molested in Koln, Germany on new years eve see no one gets convicted. Even a guy caught with a stolen mobile got away by saying he did not know it was illegal to possess a stolen mobile.

- Hongkong tourists traveling by train in Germany are nearly killed by a crazy Afghan .

- lots of cases people not getting a building permit but the guy that buys their land cheap is allowed to build whatever he wants.

In the first world they put more effort to hide corruption and they are more successful in covering it.

[swissie]

You will be surprised about the uncertainty in "Legal-Certainty" first world countries.

- People attacked and beaten by their neighbors are advised by the police not to press charges because then their relatives will also be attacked.

- Girls molested in Koln, Germany on new years eve see no one gets convicted. Even a guy caught with a stolen mobile got away by saying he did not know it was illegal to possess a stolen mobile.

- Hongkong tourists traveling by train in Germany are nearly killed by a crazy Afghan .

- lots of cases people not getting a building permit but the guy that buys their land cheap is allowed to build whatever he wants.

In the first world they put more effort to hide corruption and they are more successful in covering it.

I agree as far as isolated cases are concerned.(petty Crimes).

In the meantime, major players like VW, Mercedes etc are feeling the brunt of "Legal Certainty". Thailand? Tell me all about it.

Cheers.