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ARTICLE · 17 JANUARY 2025

Litigation 2025 – Thailand

Tilleke & Gibbins
Tilleke & Gibbins
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Tilleke & Gibbins

Tilleke & Gibbins

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Thailand's legal system is a civil law system. For something to be enforceable as law, it must first be written or formally established in writing by the state. Primarily, the authority to enact laws lies with the legislative power.

ThailandLitigation, Mediation & Arbitration

Law and Practice

1. General

1.1 General Characteristics of the Legal System

Thailand's legal system is a civil law system. For something to be enforceable as law, it must first be written or formally established in writing by the state. Primarily, the authority to enact laws lies with the legislative power. However, in certain cases, the government may enact laws by exercising powers granted by the constitution, such as issuing a Royal Decree (Emergency Decree).

Precedential cases of the Thai Supreme Court are influential on lower courts considering decisions to which those precedent cases would apply. However, unlike in common law jurisdictions, the precedents are not legally binding on the lower courts.

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