High quality legal offers in Thailand from 3LawyersThailand: Right of superficies (sections 1410 to 1416 Civil and Commercial Code) in Thailand is a civil law real estate right. In France it is called ‘droit de superficie’, in Germany it is called ‘Erbbaurecht’ and in the Netherlands it is called ‘recht van opstal’. The effect of the right of superficies in these countries is the same; it grants the superficiarius (meaning the person granted the right of superficies) the right to build and own buildings, structures or plantations upon land belonging to another person. The superficies agreement specifies the terms under which the right is granted, and by registration at the Land Department’s provincial or local branch office it legally separates ownership of the land and everything on land. The right of superficies in Thailand is limited to a period of time of up to 30 years or for the life of the owner of the land or the life of the superficiarius. The person in the agreement granted the right of superficies obtains ownership over the building without obtaining or having ownership rights in the land. A superficies in Thailand will be allowed before construction or during the construction of a building, generally not for an existing building unless the building officially transferred and transfer taxes and fees have been paid. Fill out the form : Let us know about your legal problem. Just fill out our form. It only takes 2 minutes. See more info on lawyer quotes in Thailand.
In wanting to evade payment of legal fees, many resort to purchasing these “services” via online legal providers. Contracts and agreements are paid by templates and parties are merely required to fill-in their particulars to complete the instrument. This has proven to be enticing to many, the forethought of savings being their greatest consideration. However, consequences are realized much later, when unexpected twists surface and unpleasant results unfold. In the end, parties are left with no choice but to redo what has been done before, or to go to court for an unpleasant legal battle. This of course, translates to more expenses which should have been avoided from the beginning.
The rights and duties of the employer and the employee are generally governed by the Labour Protection Act(LPA) and the Civil and Commercial Code. Generally, under Thailand employment laws an agreement between the employer and the employee cannot be less than the minimum standards or requirements set by law. The maximum probationary period permissible under Thai employment law is 120 days. All employers are required by labour law to provide at least 13 official public holidays per year, and six vacation days after one full year of service. Apart from salary, all benefits arising from employment are regarded as assessable income subject to withholding tax at a progressive rate.
According to section 93 of the Land Code Act a foreigner who acquires land as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. Note that section 93 Land Code Act only refers to foreign land ownership under a treaty and not for example to foreigners inheriting land from their Thai spouse. A foreign spouse of a Thai national can inherit land but cannot register ownership of land and has to sell the land within one year from the date of acquisition.
We have helped a growing number of clients find the right lawyer for their specific case in Thailand. Using a lawyer requires both trust and reliability. That is why the lawyers in our partner program undergo an admission process to ensure our network only consists of the best English-speaking lawyers in Thailand. Our extensive network of lawyers helps us find the ideal lawyers for your specific case. Are you searching a quality lawyer in Thailand? www.3lawyersthailand.com is Thailand’s first digital law platform to battle a market that lacks transparency when seeking a lawyer. The platform connects you with three trusted lawyers in Thailand who gives a quote on your specific case. Discover even more info on https://3lawyersthailand.com/.