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Supreme Court Opinion Summaries (5/2550)

Note concerning Thailand Supreme court opinions: Thailand is a civil law jurisdiction that also has elements of the common law system. Accordingly, the principle law sources are acts, statutes and regulations. However, published Supreme court decisions are an important part of the legal development of Thailand and are frequently used as a secondary authority. (Summaries sponsored by Chaninat & Leeds)


5/2550 Thailand Supreme Court Opinion 82 (No. 3184) 2007
Mr. Nut Laiksun by Mr. Thongrut Laiksun as Legal Representative vs. Mr. Permsak Bootdee

Parental Power, Legal Representative, Guardian, Invalid

The plaintiff, by means of the plaintiff's father, as legal representative, initiated a Thailand lawsuit for damages from the defendant for violations against the plaintiff.  However, the plaintiff became of age during the legal proceeding and was not considered a minor, under the authority of his parents based on paragraph 1, section 1566 of the Thai Civil and Commercial Code, any longer. The plaintiff is therefore able to act independently without having received consent from his legal representative according to section 21 of the Civil and Commercial Code. Nevertheless, when the lawsuit was initiated, the plaintiff was an invalid. He could not speak or walk and could not help himself. The plaintiff's father requested the court acknowledge the plaintiff's invalid status and appoint a guardian or a curator for the plaintiff. In the event that the court has not acknowledged the plaintiff's status as an invalid, the plaintiff shall be deemed a person that can act in a legally competent manner, including filing a lawsuit and proceeding with court procedures. The court judges that the plaintiff's father acted inappropriately when he signed the document authorizing himself as the plaintiff's legal representative without first having received the court's approval of the father as the guardian or curator of the plaintiff according to section 56 of the Civil Procedure Code. Therefore, corrections to the defect need to be made first.




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