Thai Law Case Study

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Recommended: The similarities between civil law and common law

Is modern Thai law consider as civil law? Thai law is a civil law country according to the three essential characteristics that examines the Civil law system from Common law system. In the past, Thailand used the customary law as the main source of law. However, after the development of Thai law, the legal system itself relies on the written law. Civil law is a legal system that has influence from Roman law, especially from the Corpus Juris Civilis of Emperor Justinian and the development during middle ages. Corpus Jurist Civilis is the foundation of law in all civil jurisdictions.
The pre-codification period, tradition and religion were one of the earliest form of law, these were influenced by the Theravada Buddhism and Brahmanism …show more content…

At first, Thailand accepted the French legal system by hiring Padoux and four other Frenchmen to draft the Penal code in1898 and Civil and commercial code of 1923, respectively. In 1916, the Frenchmen went back to their country and made it difficult to Thailand to create the law. Therefore, Thais had more role in drafting Thai code in this period. It was led by Prince Svastiwatvisit and the three eminent Thai jurists which most of them were certified lawyer from English. Eventually, The Civil and Commercial Code of 1923 was finished by the corporation of Thai jurists and Frenchmen. Nevertheless, it was well known that the Code that followed the French structure was not suitable for Thailand due to incomprehensiveness of the law. Thus, the new drafting committee decided to redraft two books the Civil and Commercial Code, which was mainly founded on German Jurisprudence. This was done by coping the contents of Book I, II, and III of Japan, to create the basis of Books I and II of the Thai Civil and Commercial Code and then translated it in Thai language which came into effect in 1925. The reasons why the drafting committee follow the structure of Japanese code is that the similarity in term of social and experiences with drafting civil code and Thailand admired Japan’s success in simplifying the BGB. Hence, we might say that Japanese code is a product of applying BGB with its own traditional

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