How the Thai legal system works
Thailand follows the civil law tradition: the law lives in written codes, judges apply the codes, and previous judgments — while influential — do not formally bind later courts the way precedent does in England or the United States.
The main codes
- Civil and Commercial Code (CCC) — contracts, property, family, inheritance, companies. The code you will meet most often.
- Criminal Code — offences and penalties.
- Civil Procedure Code / Criminal Procedure Code — how cases move through the courts.
- Land Code — land ownership and title deeds, including the rules that restrict foreign ownership.
- Plus many specific acts: the Foreign Business Act, Labour Protection Act, Computer Crime Act, Condominium Act and others.
The court hierarchy
| Level | What it does |
|---|---|
| Courts of First Instance | Where cases start: provincial courts, kwaeng (district/small-claims style) courts for minor matters, and specialised courts — Labour, Tax, Intellectual Property & International Trade, Bankruptcy, and Juvenile & Family. |
| Court of Appeal | Reviews first-instance judgments (there are regional appeal courts). |
| Supreme Court (San Dika) | The final court. Since reforms in the 2010s most cases need permission to reach it. |
Separate from this ladder sit the Constitutional Court (constitutionality of laws) and the Administrative Courts (disputes with government agencies).
Things that surprise newcomers
- No juries. Cases are decided by panels of career judges.
- Everything is in Thai. Court proceedings and filings are in Thai; foreign parties work through interpreters and translated documents.
- Mediation is pushed hard. Thai courts actively encourage settlement, and many civil cases end in a court-supervised compromise agreement.
- Criminal defamation exists. Defamation can be prosecuted criminally, not just sued over — see the criminal process.
- Cases take time. A contested civil case commonly runs a year or more at first instance; appeals add more.
This is general information, not legal advice. Thai law and official fees change, and every case turns on its facts. Before acting, confirm the current rules with a licensed Thai lawyer or the relevant government office.
Official starting points: the Courts of Justice (coj.go.th) and the Office of the Council of State, which publishes consolidated laws (some with English translations).