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Unit 2: Laws
Living in a society with other people requires to have rules and regulations.
Why?
Why is there a need to restrict the actions of people with rules and regulations?
Unit 2: Topic 1
Meaning and importance of Laws
Unit 2: Topic 1
Meaning of Laws
Law is a practice regulation legislated by authorities of a country, enforcing people
under the jurisdiction of such country to abide by it.
Luang Chamroon Netisart
This means that laws are made to control us or
tell us how we should behave (regulation)
and its
something we should do and follow (practice)
To LEGISLATE means to make laws.
Authorities here talk about the lawmakers of a
country
“enforcing people” here means to make the
people follow no matter what
OR
That people MUST follow it.
This part of the sentence simply means that
people living in a country must follow the laws
of that country
(even the foreigners of that country)
The Royal Institute Dictionary of Law (2001)
Laws are enacted BY
THE AUTHORITIES
Or had risen from the customs that are
accepted to be used in the country
It is enacted FOR THE PEOPLE TO
FOLLOW
Used to regulate the relationship between individuals
and relationship between individual and the state.
Enact =
To make laws
Page 22
Page 22
Unit 2: Topic 1
Importance of Laws
1. To create order in the society
and nation
Laws tells everyone their rights, all
their LEGAL rights
Laws require people not to VIOLATE
the rights of others. If this is done
then the country will have peace and
order.
Example of rights:
The right to own a property
The right to travel
The right to express ones opinion
Page 22
2. To accelerate the
administration and the
development of the country
If people followed the rules and did strictly
followed their duties and responsibilities,
the government’s administration will be
operated smoothly resulting in the
development of the country
This simply means do your job as a good
citizen and follow the laws so the
government can also do their job the best
they can and focus on solving other
important problems.
Page 22
3. To be the principle in life for people
and create order in the society.
Laws mostly focus on proper conduct and
good behavior for the people. Knowing
these can help a person know how to deal
with others properly.
Laws also puts order and arrangement to
important things in the society.
Page 22
Example:
According to the law, the mother must register the birth of her
baby to get a birth certificate.
Now imagine the life of the baby when he/she grows up if the
mother did not follow the law and not registered the baby for
a birth certificate.
Rest for a bit
Do you have
any questions?
Unit 2: Topic 2
Legislative Process
Unit 2: Topic 2
Type of Laws
1. The Court of Justice
2. The Administrative Court
3. The military courts
4. The Constitutional Court of Thailand.
The Parliament
Divided into 2 groups:
1. House of Representatives
2. Senate
Constitution
Types
of Laws
Organic Law
Act
Emergency
Decree
Royal
Decree
Ministerial
Regulation
Local
Ordinance
Page 23
Law legislated in the form of an “ACT”
Organic laws specifies additional details in
the constitution so that the constitution is
more clear and complete.
(Because the constitution is not very specific)
What
Cabinet members
(the members under the executive branch)
Parliament
(The House of Representatives
And the Senate )
Judicial Branch
(The Constitutional Court, the supreme
court)
Also, it can be made by any other independent groups whose
leader is responsible on making a law
Note: An Organic Law is also defined in
LAW DICTIONARY as the system of laws
that define the foundation and
organization of a government.
Organic Law = Explains in detail the
Constitution of a country
Who can make/submit a
draft proposal?
Page 23
A legislation (laws made) that is enacted
(signed to become a law) by the King as
suggested by the Parliament
Act is also defined as A bill (proposed law)
which has passed through the various
legislative steps required for it and which
has become law
What
Who can make/submit a
draft proposal?
Cabinet
(the members under the executive branch)
Parliament
(The House of Representatives)
Judicial Branch
(The Courts of Thailand)
Independent organizations
(working in different fields )
The People
(Through a petition)
Page 23
What
Who can make/submit a
draft proposal?
A law enacted by the King as suggested by
the Cabinet
It is used during emergencies when there’s a
need to maintain public peace and security
Once signed by the King, the Emergency
Decree is submitted to the Parliament to
enforce its power.
Page 23
There are times when laws created NOT following the
RIGHT PROCESS of making laws in order to address and
emergency.
A law enacted by the King as suggested by
the Cabinet
Approved by the Parliament for the
Emergency Decree to become a law
ENACT here means
a. To make into law
b. To command
c. To prescribe and suggest
What
Who can make/submit a
draft proposal?
Laws enacted by the King as suggested by
the Cabinet
or
by the administrative section under the
vested power in the constitution
Can also be legislated under an “Act” or an
“Emergency Decree” but Royal decree is
inferior to this two.
This law is meant for the government’s
administration of the state’s affairs
(meaning, these are laws for government officials to be
used in running the country and doing their jobs)
Laws enacted by the King as suggested by
the Cabinet
or
by the administrative section under the
vested power in the constitution
Page 23
What
Who can make/submit a
draft proposal?
Law legislated under an “Act” or
“Emergency Decree”
And are regarded as “Parent laws”
Issued by the administrative section like a
minister with the approval of the Cabinet
Administrative section, the ministers with
the approval of the Cabinet
(the PM and the other ministers)
I think this is not “Parent Law”
Upon checking Ministerial Regulation, it
seems some of it is focused on economic
side of laws so this
I THINK should be PATENT LAWS
Paten Laws are laws created to protect
invention/creations of new things and
property rights which are used in business
and profit.
Page 23
What
Who can make/submit a
draft proposal?
Laws legislated by each local administrative
organization (the provinces, cities)
To enforce POWER within areas of local
administration
Ex: Chiang Mai has Local Ordinances or
Municipal laws for people living in Chiang
Mai to follow
Page 23
Local Administrative leaders such as the
governor and his people.
Homework = 1 Law per Student only
Look for 1 example
of:
1. Organic Law
2. Act
3.Emergency Decree
4. Royal Decree
5. Ministerial
Regulation
6. Local Ordinance
On ½ A4 Paper give me:
a. The name of the law
b. What the law is about
Give me your homework next week
(Monday for 2A, Wednesday for 2B)
c. If you find a law
from a news article,
and you can’t find the
law’s name, then copy
the (1) title of the
news article (2) Name
of News Site and (3)
explain a little bit
about the law
NOTE: Before you complain!!!
The laws can be found online. Thailand has started putting softcopies of laws on the
internet (both in Thai and in English language)
1. For Organic Law = You can focus on the Organic Laws of the current government or the
previous governments.
2. Act = Just type “Acts and Laws in Thailand” and you will see so many acts and laws.
3.Emergency Decree = These are very easy to find. You can use the new decrees or the old
ones from the previous government.
4. Royal Decree = There are so many of this on the internet.
5. Ministerial Regulation = A bit hard but trust me you can find one online. Just focus on
one ministerial regulation (mostly focused on anything business/economy related)
6. Local Ordinance = Focus on the local laws that Chiang Mai has.
Rest for a bit
Do you have
any questions?
Unit 2: Topic 2
Legislative Process (how is a law made?)
Let’s skip first to
Page 27
Council of
Ministers
House of
Representatives
Voters
(not fewer than
the required
number stated in
the constitution)
Draft
of Bill
Draft of
Bill
(Only the
essence in
chapter stated
in the
constitution)
1.
Parliament
(House of
Representatives
and the Senate
2. Prime
Minister
3. King
grants his
Royal
signature
Promulgate
the LAW
Bills will be
reviewed/worked
here many times
What if the prime minister
and his people does not like
the law because it has
problems in it?
Unit 2: Topic 2
Legislative Process (in the Parliament)
1. The Court of Justice
2. The Administrative Court
3. The military courts
4. The Constitutional Court of Thailand.
The Parliament
Divided into 2 groups:
1. House of Representatives
2. Senate
Turn to
Page 24
House of
Representatives
(The Lower House)
(More Members)
Senators
(The Upper House)
(Fewer members)
The Legislative
Branch holds the
legislative power
(The Lawmakers of the country)
Page 24 - 25
So, how is a law
created?
1st Reading
Accepting the BILL
A bill is explained
discussed and debated
whether it is good to
become a law
2nd Reading
Considering the
detail in the Bill
Amending the Bill
3rd Reading
Passing the bill
and sending it to
the Senate for
review
1st
Approving the Act/Bill
+++
The Prime Minister will
present it to the King for his
Royal Signature.
Publish it in the
Government Gazette for
the enforcement.
2nd
Disapproving the Act
The parliament suspends
the act and returns it to the
House of Representatives
3rd
Amending
Notify the House of
representatives of
the changes
Note: Laws take time to make because of the
processes and the signatures needed. However,
there is a time frame for some laws to follow.
Note: Following the process and rules of
submitting and making a law should be followed
STRICTLY
Page 24 - 26
If the
Constitutional
Court of Thailand
(one of the special
courts) find some
parts of the act as
NOT FOLLOWING
THE
CONSTITUTION
…then…
That part will be
removed and the
other parts of the
ACT will me kept.
Page 24 - 26
Prime
Minister
The King for his
Royal Signature
Citizens or the Thai people
with legal age to vote can
also suggest a draft bill or
propose a law for the
national or local level
This is called the
RIGHT TO PETITION
(petition means “to
request”)
BUT the people must follow the
proper steps in giving a petition.
No one can take a short cut or
disrespect the process of
making laws
1. There must be enough signatures for it to be considered by the
Parliament
2. The proposed bill/act must follow the format of a proposed bill/act
3. The petition must follow the constitution
Any questions?
Activity
Unit 2: Topic 3
Types of Laws: Laws related to
Oneself and the family
1. Civil law regarding
capacity of minor
Minor = a child or a person not reaching
his legal age.
Persons that are beyond 20 or being
married (marrying age in Thailand is 17
but with consent from parents)
Legal Representative =
A person who will carry out a juristic act
on behalf of a minor or give approval to a
minor in committing juristic act (normally,
father or mother)
The law considers that a minor is
immature in terms of mind, body and
thinking, skill and expertise.
Thus, the law does not allow any minor
to do any sort of legal binding activities
such as marriage or voting.
a. If parents are absent then there’s a
guardian who is authorized by the
law to govern the minor
What juristic acts can a minor do without the
approval of the representative or guardian?
Page 28
1. Any act to obtain a right or
disengage from duty which
provide benefit to the minor
only with no loss
2. Business to be done by the
minor himself/herself such as
in the matter of
acknowledgement of children.
3. Acts appropriate to the
status and necessary to live
properly
4. A minor may take a WILL at
the complete age of 15
Page 28-29
Ex.1 A minor can accept
properties and assets from
others with no binding
Ex.2 remission from creditor
Ex.1 The minor can
acknowledge his/her child (if
this minor committed sexual
acts an early age)
What juristic acts can a
minor do without the
approval of the
representative or
guardian?
For Status: anything proper for the
minor’s condition
For living: ex. Buying food and
things that can help the minor
Will = A legal document expressing
how a property will be given to
someone or some people.
Why do you
need parents
or guardians?
?
So no one can
take advantage
of the minor
In terms of
relationship,money,
labor, education
and career
Master Dani’ addition: In
terms of other activities
where a minor lacks the
ability to understand the
moral or ethical standing
of a situation
The idea of
Moral Ascendancy
2. Law regarding the National ID
1. Criteria for a
person to have the
national ID
a. Thai born
b. Age 7-70
c. Name registered
d. EXEMPTION: Monks
and novices (they
have their own legal
identification)
2. Application for
a national ID
a. Submit a request
within 60 days after
reaching 7 years of age
or have obtained the
Thai nationality
or after the registrar
registered the name into
the house registration
according to the law
ID card valid for 8 years
since date of issuance –
expiry requires renewal
3. Replacement of
ID card
a. Submit a request
within 60 days that
the card is lost
or damaged in
essence
or when surname is
changed
or name and surname
are changed
Page 29-30
WhytheNationalIDCard?
A great benefit for the person, the
locality and nation ex. for receiving
services from gov’t or private sectors
Ex. In case of contacting government
agency or private groups for
information about the person
Ex. For obtaining things needed to
live in a society like opening a bank
account or any bank transactions
Ex. For when exercising the right to
vote
Ex. For when receiving money order
It was first introduced in 1943
when Plaek Phibunsongkram was
the Prime Minister. The minimum age
was originally 16 years but later altered
to 15 in 1983 and 7 in 2011.
Failure to produce a card without good
reasons can result in up to ฿200 fine
according to the National Identity Card
Act
Are you guys
allowed to
show a picture
of your ID
online or in
public?
Page 30
3. Civil
Law
regarding
the family
1.
Engagement
2. Marriage
3. Heritage
or Estate
4.
Acknowledge
ment of
Children
5. Adoption
Page 30-34
Definition: Engagement means
a formal agreement to get married.
Engagement
Definition: Compensation or to compensate means
something, typically money, awarded to someone as a recompense for loss, injury, or
suffering.
Definition: Party means
people or sides of people involved in a formal agreement or
argument, especially a legal one:
Party:
His
side
Party:
Her
side
1.
Engagement
Definition: A promise
that a man and a
woman are to be
married
Breaking engagement
after the promise, the
other party must
recover compensation
Ex: A girl breaking the
engagement gives the
man the right for
compensation
(vice-versa)
A person cannot be
legally forced to get
engaged and
married
1.1
Engagement
conditions
With the
consent/permission of
parents, adopting
party or guardians, a
person reaching age of
17 can get engaged
1.2
Engagement
Gifts
A man gives a woman
an engagement gift as
evidence of
engagement and a
guarantee of marriage
Page 30-31
The engagement will be completed once the man delivers or transfers the assets
served as engagement gift to the woman. After the engagement, the property becomes
the property of the woman
Is it a mansion?
Page 31
Just kidding
Bride Price
The property that a man
offers to the parents or
guardians of the woman
to compensate the
agreement for marriage
If the marriage does not
happen because of
reasons caused by the
woman, the man can
claim for the return of the
bride price
If engagement is done and
a party breaks the
promise, the other part
can recover
compensation.
Page 31
What if the
woman breaks
the
engagement?
Then the
engagement gift
be returned to
the man
Homework! On a clean piece of paper (notebook page or one-half A4 Paper)
1. What do you call A and B in Thai language/culture? What the typical gifts given? Give
examples.
2. In your opinion, are A and B still important today?
Do Thai people still need to practice A and B? Why? Explain your answer briefly.
a b
Page 31
Ways of compensation when engagement is broken
Compensation can be recovered as follows:
1. To compensate the damage to the body or reputation of that man or
woman
2. To compensate the damages to the betrothed (engaged), the parents or
guardians (expenses of the parents for example)
3. To compensate the damage as the betrothed (engaged) has managed
assets or other acts related to own career in an appropriate way because
of the expectation of marriage (ex. Giving up work for marriage)
It is possible to break
the engagement when
both parties agree to
it.
No need for written
consent signed by a
witness
Once the promise is
terminated the
previous status will be
restored = all the
engagement gifts and
bride prices be
returned to the man
If the betrothed dies,
the other party cannot
claim for
compensation.
For the engagement
gift or bride price, the
woman does not need
to return it to the manOther scenarios for breaking the
engagement
If the woman finds an
inappropriate reason
for not marrying the
man:
• She can terminate the
engagement
•She can keep the gifts
Level of difficulty:
Date of Reporting 2A
First and Second Group Reporters =
Wednesday, Nov. 21
Third and Fourth Group Reporters =
Friday, Nov. 23
Date of Reporting 2B
First and Second Group Reporters =
Wednesday, Nov. 21
Third and Fourth Group Reporters =
Friday, Nov. 23
2. Marriage = A man and a woman are willing to
live together as husband and wife, having no other
sexual relationship with other people.
A marriage is
complete once
it is registered
Conditions
of
Marriage
1. Legal
age. Age
17 with
permissio
n of
guardians
Marriage becomes null when both parties don’t
want to get married
2. Man
and
woman
must be of
sound
mind
3. Siblings
not
allowed to
marry
from same
bloodline
4. Adopter
and
adoptee
cannot
marry
each other
5. Cannot be
married while
married
6. A widow
can get
married only
310 days after
previous
marriage
ended
Same sex
partners
cannot
register
for
marriage
certificate
Definition: The
assets/properties of
a dead person
(including the rights,
responsibilities and
related to
properties)
1. Statutory Heirs =
people who can
accept the heritage
of a dead person ex.
relative or spouse
3.
Heritage
or Estate
2. Heir by will =
An heir who is
entitled to a
property as
mentioned in a
WILL
Law considers living spouse as the
statutory heir
4. Acknowledgment of Children
• Illegitimate means not legitimate or not valid
a. A child from unmarried woman, is the child
of that woman according to the law, but the
child is illegitimate to the man
b. Law allows for that man to register
acknowledgement to make the child his
legitimate child
• The child is also called an “extramarital child”
c. A child from extra marital affair, if the
parents register later on for marriage, the child
becomes their child.
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Civics M2 UNIT2 LAWS COVID Season

  • 1.
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  • 14. Living in a society with other people requires to have rules and regulations. Why? Why is there a need to restrict the actions of people with rules and regulations?
  • 15. Unit 2: Topic 1 Meaning and importance of Laws
  • 16. Unit 2: Topic 1 Meaning of Laws
  • 17. Law is a practice regulation legislated by authorities of a country, enforcing people under the jurisdiction of such country to abide by it. Luang Chamroon Netisart This means that laws are made to control us or tell us how we should behave (regulation) and its something we should do and follow (practice) To LEGISLATE means to make laws. Authorities here talk about the lawmakers of a country “enforcing people” here means to make the people follow no matter what OR That people MUST follow it. This part of the sentence simply means that people living in a country must follow the laws of that country (even the foreigners of that country)
  • 18. The Royal Institute Dictionary of Law (2001) Laws are enacted BY THE AUTHORITIES Or had risen from the customs that are accepted to be used in the country It is enacted FOR THE PEOPLE TO FOLLOW Used to regulate the relationship between individuals and relationship between individual and the state. Enact = To make laws Page 22
  • 19. Page 22 Unit 2: Topic 1 Importance of Laws
  • 20. 1. To create order in the society and nation Laws tells everyone their rights, all their LEGAL rights Laws require people not to VIOLATE the rights of others. If this is done then the country will have peace and order. Example of rights: The right to own a property The right to travel The right to express ones opinion Page 22
  • 21. 2. To accelerate the administration and the development of the country If people followed the rules and did strictly followed their duties and responsibilities, the government’s administration will be operated smoothly resulting in the development of the country This simply means do your job as a good citizen and follow the laws so the government can also do their job the best they can and focus on solving other important problems. Page 22
  • 22. 3. To be the principle in life for people and create order in the society. Laws mostly focus on proper conduct and good behavior for the people. Knowing these can help a person know how to deal with others properly. Laws also puts order and arrangement to important things in the society. Page 22 Example: According to the law, the mother must register the birth of her baby to get a birth certificate. Now imagine the life of the baby when he/she grows up if the mother did not follow the law and not registered the baby for a birth certificate.
  • 23. Rest for a bit Do you have any questions?
  • 24. Unit 2: Topic 2 Legislative Process
  • 25. Unit 2: Topic 2 Type of Laws
  • 26. 1. The Court of Justice 2. The Administrative Court 3. The military courts 4. The Constitutional Court of Thailand. The Parliament Divided into 2 groups: 1. House of Representatives 2. Senate Constitution
  • 28. Law legislated in the form of an “ACT” Organic laws specifies additional details in the constitution so that the constitution is more clear and complete. (Because the constitution is not very specific) What Cabinet members (the members under the executive branch) Parliament (The House of Representatives And the Senate ) Judicial Branch (The Constitutional Court, the supreme court) Also, it can be made by any other independent groups whose leader is responsible on making a law Note: An Organic Law is also defined in LAW DICTIONARY as the system of laws that define the foundation and organization of a government. Organic Law = Explains in detail the Constitution of a country Who can make/submit a draft proposal? Page 23
  • 29. A legislation (laws made) that is enacted (signed to become a law) by the King as suggested by the Parliament Act is also defined as A bill (proposed law) which has passed through the various legislative steps required for it and which has become law What Who can make/submit a draft proposal? Cabinet (the members under the executive branch) Parliament (The House of Representatives) Judicial Branch (The Courts of Thailand) Independent organizations (working in different fields ) The People (Through a petition) Page 23
  • 30. What Who can make/submit a draft proposal? A law enacted by the King as suggested by the Cabinet It is used during emergencies when there’s a need to maintain public peace and security Once signed by the King, the Emergency Decree is submitted to the Parliament to enforce its power. Page 23 There are times when laws created NOT following the RIGHT PROCESS of making laws in order to address and emergency. A law enacted by the King as suggested by the Cabinet Approved by the Parliament for the Emergency Decree to become a law ENACT here means a. To make into law b. To command c. To prescribe and suggest
  • 31. What Who can make/submit a draft proposal? Laws enacted by the King as suggested by the Cabinet or by the administrative section under the vested power in the constitution Can also be legislated under an “Act” or an “Emergency Decree” but Royal decree is inferior to this two. This law is meant for the government’s administration of the state’s affairs (meaning, these are laws for government officials to be used in running the country and doing their jobs) Laws enacted by the King as suggested by the Cabinet or by the administrative section under the vested power in the constitution Page 23
  • 32. What Who can make/submit a draft proposal? Law legislated under an “Act” or “Emergency Decree” And are regarded as “Parent laws” Issued by the administrative section like a minister with the approval of the Cabinet Administrative section, the ministers with the approval of the Cabinet (the PM and the other ministers) I think this is not “Parent Law” Upon checking Ministerial Regulation, it seems some of it is focused on economic side of laws so this I THINK should be PATENT LAWS Paten Laws are laws created to protect invention/creations of new things and property rights which are used in business and profit. Page 23
  • 33. What Who can make/submit a draft proposal? Laws legislated by each local administrative organization (the provinces, cities) To enforce POWER within areas of local administration Ex: Chiang Mai has Local Ordinances or Municipal laws for people living in Chiang Mai to follow Page 23 Local Administrative leaders such as the governor and his people.
  • 34. Homework = 1 Law per Student only Look for 1 example of: 1. Organic Law 2. Act 3.Emergency Decree 4. Royal Decree 5. Ministerial Regulation 6. Local Ordinance On ½ A4 Paper give me: a. The name of the law b. What the law is about Give me your homework next week (Monday for 2A, Wednesday for 2B)
  • 35. c. If you find a law from a news article, and you can’t find the law’s name, then copy the (1) title of the news article (2) Name of News Site and (3) explain a little bit about the law
  • 36. NOTE: Before you complain!!! The laws can be found online. Thailand has started putting softcopies of laws on the internet (both in Thai and in English language) 1. For Organic Law = You can focus on the Organic Laws of the current government or the previous governments. 2. Act = Just type “Acts and Laws in Thailand” and you will see so many acts and laws. 3.Emergency Decree = These are very easy to find. You can use the new decrees or the old ones from the previous government. 4. Royal Decree = There are so many of this on the internet. 5. Ministerial Regulation = A bit hard but trust me you can find one online. Just focus on one ministerial regulation (mostly focused on anything business/economy related) 6. Local Ordinance = Focus on the local laws that Chiang Mai has.
  • 37. Rest for a bit Do you have any questions?
  • 38. Unit 2: Topic 2 Legislative Process (how is a law made?)
  • 39. Let’s skip first to Page 27 Council of Ministers House of Representatives Voters (not fewer than the required number stated in the constitution) Draft of Bill Draft of Bill (Only the essence in chapter stated in the constitution) 1. Parliament (House of Representatives and the Senate 2. Prime Minister 3. King grants his Royal signature Promulgate the LAW Bills will be reviewed/worked here many times What if the prime minister and his people does not like the law because it has problems in it?
  • 40. Unit 2: Topic 2 Legislative Process (in the Parliament)
  • 41. 1. The Court of Justice 2. The Administrative Court 3. The military courts 4. The Constitutional Court of Thailand. The Parliament Divided into 2 groups: 1. House of Representatives 2. Senate Turn to Page 24
  • 42. House of Representatives (The Lower House) (More Members) Senators (The Upper House) (Fewer members) The Legislative Branch holds the legislative power (The Lawmakers of the country) Page 24 - 25 So, how is a law created?
  • 43. 1st Reading Accepting the BILL A bill is explained discussed and debated whether it is good to become a law 2nd Reading Considering the detail in the Bill Amending the Bill 3rd Reading Passing the bill and sending it to the Senate for review 1st Approving the Act/Bill +++ The Prime Minister will present it to the King for his Royal Signature. Publish it in the Government Gazette for the enforcement. 2nd Disapproving the Act The parliament suspends the act and returns it to the House of Representatives 3rd Amending Notify the House of representatives of the changes Note: Laws take time to make because of the processes and the signatures needed. However, there is a time frame for some laws to follow. Note: Following the process and rules of submitting and making a law should be followed STRICTLY Page 24 - 26
  • 44. If the Constitutional Court of Thailand (one of the special courts) find some parts of the act as NOT FOLLOWING THE CONSTITUTION …then… That part will be removed and the other parts of the ACT will me kept. Page 24 - 26 Prime Minister The King for his Royal Signature
  • 45. Citizens or the Thai people with legal age to vote can also suggest a draft bill or propose a law for the national or local level This is called the RIGHT TO PETITION (petition means “to request”) BUT the people must follow the proper steps in giving a petition. No one can take a short cut or disrespect the process of making laws 1. There must be enough signatures for it to be considered by the Parliament 2. The proposed bill/act must follow the format of a proposed bill/act 3. The petition must follow the constitution
  • 48. Unit 2: Topic 3 Types of Laws: Laws related to Oneself and the family
  • 49. 1. Civil law regarding capacity of minor Minor = a child or a person not reaching his legal age. Persons that are beyond 20 or being married (marrying age in Thailand is 17 but with consent from parents) Legal Representative = A person who will carry out a juristic act on behalf of a minor or give approval to a minor in committing juristic act (normally, father or mother) The law considers that a minor is immature in terms of mind, body and thinking, skill and expertise. Thus, the law does not allow any minor to do any sort of legal binding activities such as marriage or voting. a. If parents are absent then there’s a guardian who is authorized by the law to govern the minor What juristic acts can a minor do without the approval of the representative or guardian? Page 28
  • 50. 1. Any act to obtain a right or disengage from duty which provide benefit to the minor only with no loss 2. Business to be done by the minor himself/herself such as in the matter of acknowledgement of children. 3. Acts appropriate to the status and necessary to live properly 4. A minor may take a WILL at the complete age of 15 Page 28-29 Ex.1 A minor can accept properties and assets from others with no binding Ex.2 remission from creditor Ex.1 The minor can acknowledge his/her child (if this minor committed sexual acts an early age) What juristic acts can a minor do without the approval of the representative or guardian? For Status: anything proper for the minor’s condition For living: ex. Buying food and things that can help the minor Will = A legal document expressing how a property will be given to someone or some people.
  • 51. Why do you need parents or guardians? ? So no one can take advantage of the minor In terms of relationship,money, labor, education and career Master Dani’ addition: In terms of other activities where a minor lacks the ability to understand the moral or ethical standing of a situation The idea of Moral Ascendancy
  • 52. 2. Law regarding the National ID 1. Criteria for a person to have the national ID a. Thai born b. Age 7-70 c. Name registered d. EXEMPTION: Monks and novices (they have their own legal identification) 2. Application for a national ID a. Submit a request within 60 days after reaching 7 years of age or have obtained the Thai nationality or after the registrar registered the name into the house registration according to the law ID card valid for 8 years since date of issuance – expiry requires renewal 3. Replacement of ID card a. Submit a request within 60 days that the card is lost or damaged in essence or when surname is changed or name and surname are changed Page 29-30
  • 53. WhytheNationalIDCard? A great benefit for the person, the locality and nation ex. for receiving services from gov’t or private sectors Ex. In case of contacting government agency or private groups for information about the person Ex. For obtaining things needed to live in a society like opening a bank account or any bank transactions Ex. For when exercising the right to vote Ex. For when receiving money order It was first introduced in 1943 when Plaek Phibunsongkram was the Prime Minister. The minimum age was originally 16 years but later altered to 15 in 1983 and 7 in 2011. Failure to produce a card without good reasons can result in up to ฿200 fine according to the National Identity Card Act Are you guys allowed to show a picture of your ID online or in public? Page 30
  • 54. 3. Civil Law regarding the family 1. Engagement 2. Marriage 3. Heritage or Estate 4. Acknowledge ment of Children 5. Adoption Page 30-34
  • 55. Definition: Engagement means a formal agreement to get married. Engagement
  • 56. Definition: Compensation or to compensate means something, typically money, awarded to someone as a recompense for loss, injury, or suffering.
  • 57. Definition: Party means people or sides of people involved in a formal agreement or argument, especially a legal one: Party: His side Party: Her side
  • 58. 1. Engagement Definition: A promise that a man and a woman are to be married Breaking engagement after the promise, the other party must recover compensation Ex: A girl breaking the engagement gives the man the right for compensation (vice-versa) A person cannot be legally forced to get engaged and married 1.1 Engagement conditions With the consent/permission of parents, adopting party or guardians, a person reaching age of 17 can get engaged 1.2 Engagement Gifts A man gives a woman an engagement gift as evidence of engagement and a guarantee of marriage Page 30-31
  • 59. The engagement will be completed once the man delivers or transfers the assets served as engagement gift to the woman. After the engagement, the property becomes the property of the woman Is it a mansion? Page 31 Just kidding
  • 60. Bride Price The property that a man offers to the parents or guardians of the woman to compensate the agreement for marriage If the marriage does not happen because of reasons caused by the woman, the man can claim for the return of the bride price If engagement is done and a party breaks the promise, the other part can recover compensation. Page 31 What if the woman breaks the engagement? Then the engagement gift be returned to the man
  • 61. Homework! On a clean piece of paper (notebook page or one-half A4 Paper) 1. What do you call A and B in Thai language/culture? What the typical gifts given? Give examples. 2. In your opinion, are A and B still important today? Do Thai people still need to practice A and B? Why? Explain your answer briefly. a b
  • 62. Page 31 Ways of compensation when engagement is broken Compensation can be recovered as follows: 1. To compensate the damage to the body or reputation of that man or woman 2. To compensate the damages to the betrothed (engaged), the parents or guardians (expenses of the parents for example) 3. To compensate the damage as the betrothed (engaged) has managed assets or other acts related to own career in an appropriate way because of the expectation of marriage (ex. Giving up work for marriage)
  • 63. It is possible to break the engagement when both parties agree to it. No need for written consent signed by a witness Once the promise is terminated the previous status will be restored = all the engagement gifts and bride prices be returned to the man If the betrothed dies, the other party cannot claim for compensation. For the engagement gift or bride price, the woman does not need to return it to the manOther scenarios for breaking the engagement
  • 64. If the woman finds an inappropriate reason for not marrying the man: • She can terminate the engagement •She can keep the gifts
  • 65.
  • 66. Level of difficulty: Date of Reporting 2A First and Second Group Reporters = Wednesday, Nov. 21 Third and Fourth Group Reporters = Friday, Nov. 23 Date of Reporting 2B First and Second Group Reporters = Wednesday, Nov. 21 Third and Fourth Group Reporters = Friday, Nov. 23
  • 67. 2. Marriage = A man and a woman are willing to live together as husband and wife, having no other sexual relationship with other people. A marriage is complete once it is registered Conditions of Marriage 1. Legal age. Age 17 with permissio n of guardians Marriage becomes null when both parties don’t want to get married 2. Man and woman must be of sound mind 3. Siblings not allowed to marry from same bloodline 4. Adopter and adoptee cannot marry each other 5. Cannot be married while married 6. A widow can get married only 310 days after previous marriage ended Same sex partners cannot register for marriage certificate
  • 68. Definition: The assets/properties of a dead person (including the rights, responsibilities and related to properties) 1. Statutory Heirs = people who can accept the heritage of a dead person ex. relative or spouse 3. Heritage or Estate 2. Heir by will = An heir who is entitled to a property as mentioned in a WILL Law considers living spouse as the statutory heir
  • 69. 4. Acknowledgment of Children • Illegitimate means not legitimate or not valid a. A child from unmarried woman, is the child of that woman according to the law, but the child is illegitimate to the man b. Law allows for that man to register acknowledgement to make the child his legitimate child • The child is also called an “extramarital child” c. A child from extra marital affair, if the parents register later on for marriage, the child becomes their child.

Editor's Notes

  1. 2a stopped here
  2. 2b stopped here