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Civil Case in Thailand: An Overview of Definition, Types, and Proceedings
Understanding Thai law, especially when it comes to civil cases, means getting to grips with its legal principles and contemporary legal structures. Thailand’s legal system outlines specific procedures and classifications for civil cases that are distinct in their approach to dispute resolution.
Together, in this article, we will take a closer look into what is a civil case and the different types, as well as steps in a civil case you might go through if you happen to be involved in a legal dispute.
What is a Civil Case?
A civil case is a legal dispute where an individual or business sues another party for the enforcement, protection, or prevention of a right or redress of a wrong. These cases usually start with one party, known as the “plaintiff,” alleging harm due to the actions of another party or the “defendant.” To initiate a civil case, the plaintiff files a “complaint”—a legal document detailing their grievances and the legal basis for them and requests a remedy from the court.
In search for redress, the plaintiff may request different forms of relief, such as:
- Damages – Refers to financial compensation for the harm suffered.
- Injunction – A court order directing the defendant to refrain from posing certain actions or to perform a specific act.
- Declaratory Judgement – A court decision that clarifies the legal standing or rights of the parties based on a contract or law.
As the case progresses, a judge or jury examines the evidence to establish the facts and applies relevant laws to those facts. This process culminates in a judgment, decision, or order that outlines the legal consequences of the parties’ actions and resolves the dispute.
Additionally, it is possible for the involved parties to settle the case out of court at any stage. The parties can choose any form of alternative dispute resolution (ADR), including negotiation, mediation, or arbitration, to reach a compromise.
Types of Civil Cases
Civil courts often deal with a diverse range of legal disputes, each of which is distinct from each other. These cases can be put into several broad categories, encompassing vast legal issues. Here are the 4 major types of civil cases:
1.Tort Claims
Also known as “wrongful acts” in Thai law, torts refer to acts that cause harm to an individual’s person, property, reputation, or similar interests, which warrants compensation for the injured party. This category includes a wide range of cases, such as those related to personal injury, assault and battery, negligence, defamation, medical malpractice, and fraud.
2.Breach of Contract Claims
A breach of contract arises when an individual or entity fails to fulfill the terms of a contract, whether written or verbal, without a valid legal reason. There can be different reasoning that causes a party to breach a contract, however; the most common reasons include not completing a job as agreed, failure to pay for services or goods, and not delivering goods that were sold or promised.
3.Equitable Claims
Equitable claims seek a court’s order for a party to perform or refrain from specific actions. Sometimes, these claims are combined with requests for monetary damages. Examples include seeking injunctions to prevent the destruction of property, halt the sale of land, or stop a business from marketing to another business’s customers.
4.Landlord-Tenant Claims
Disputes between landlords and tenants over housing issues are also adjudicated in civil courts. These might involve eviction proceedings initiated by landlords or actions taken by tenants against landlords for the return of security deposits or other grievances related to their tenancy.
In Thailand, the civil legal landscape sees a significant number of lawsuits in specific areas, reflecting common legal disputes and concerns within the society. Among the most frequently filed civil lawsuits are:
- Personal Injury: Traffic accidents, workplace accidents, or slips and falls on public or private property.
- Breach of Contract: Disputes over the terms of a contract that one or more parties allege have been violated, from employment contracts and service agreements to sales contracts and lease agreements.
- Debt Collection: This occurs when creditors take legal action to recover debts that borrowers have failed to repay, such as unpaid loans, credit card debts, and other financial obligations.
- Medical Malpractice: Medical malpractice can include misdiagnosis, incorrect treatment, surgical errors, and negligence in patient care.
Steps in a Civil Case
Civil cases would progress through several stages, each contributing to the development of the case. Here’s a broad overview of these stages:
1.Pre-filing Stage
Before any legal documents are filed, the dispute emerges. During this period, parties collect relevant information, gather evidence, attempt to negotiate a resolution and prepare for the potential of going to court.
2.Pleading Stage
This is when the formal legal process begins. One party files a complaint to officially start the court case, and the other party responds with an answer or possibly a motion. This stage establishes the legal foundation of the case, outlining the claims, defenses, and key issues to be addressed.
3.Discovery Stage
At this point, both parties exchange detailed information about the case. This process is designed to eliminate surprises, clarify what the lawsuit is about, and prepare both sides for trial. Discovery can include depositions, requests for documents, and interrogatories.
4.Pre-trial Stage
Leading up to the trial, parties prepare by organizing their evidence, listing witnesses, and possibly engaging in settlement discussions. Motions may be filed to resolve the case before trial or to narrow down the issues to be considered during the trial. This stage is pivotal for fine-tuning legal arguments and strategies.
5.Trial Stage
The case is presented before a judge or jury, who will hear the evidence, examine the witnesses, and ultimately decide the outcome. The duration of the trial can vary widely, depending on the complexity of the case. This stage is the culmination of all previous preparations, where legal arguments are made, and facts are presented for judgment.
6.Post-trial Stage
Following the trial, there may be appeals where one or both parties challenge the trial’s outcome. Additionally, the winning party may take steps to enforce the judgment, such as collecting awarded damages. This stage concludes the legal process, though it can lead to further legal action if appeals are pursued.
It’s important to note that not all civil cases strictly follow these stages in order. The court or the involved parties might modify the process based on specific circumstances.
Steps in a Civil Case in Thailand
In Thailand’s judicial system, there is a strong emphasis on resolving disputes through mediation before proceeding to a full trial. When a case is brought before a Thai court, one of the initial steps is to encourage the disputing parties to find a mutually agreeable solution under the court’s supervision. This process reflects the legal system’s preference for amicable settlements, which can save time, reduce legal expenses, and lessen the emotional strain often associated with litigation.
If there’s an indication that the parties are open to settling, the court may decide to adjourn the case temporarily. This pause allows the parties additional time to negotiate an agreement with the help of court-supervised mediation. However, if the court assesses that a settlement is unlikely—based on the parties’ positions or the nature of the dispute—it may proceed with setting a date for a continuous trial focused on the merits of the case.
Civil cases in Thailand involve a broad spectrum of cases, from personal injuries to contractual issues. Although the Thai legal system promotes mediation, settling cases outside of court with the help of an expert mediator/lawyer can be more beneficial for both parties.
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