Introduction to the Thai Legal System




The legal system in Thailand is predominantly a civil law system, with a number of other influences.  The traditional basis of Thai law is rooted in the Hindu Code of Manu (circa 200 BC), modified over the centuries to conform to Thai customs and traditions.  The present Thai legal system is modeled after the French civil law system and is, therefore, predominately statute based, with major codes akin to those of European civil law jurisdictions.  Some common law features are also apparent, such as the separation of powers into separate executive, legislative and judicial branches.  

As a statutory law system, Thai law is mostly based on written laws passed by the legislative branch.  The primary sources of law are:  the Constitution, which is the principal law of the land; legislation,  comprising a variety of codes and acts; government and royal decrees; and local customs.  Court decisions do not carry the weight of binding precedent, as they do in common law jurisdictions.  However, in practice, decisions issued by the Supreme Court are considered persuasive, carry some force of precedent, and are sometimes used as secondary authoritative sources of law.

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