Thursday, August 14, 2008
Contract Law In The Kingdom Of Thailand
A contract is an exchange of promises between two or more people for a particular purpose. It is a legally enforceable agreement that generates a commitment to do or not to do something. The central part of most contracts is a set of shared promises. The promises are made by the parties that describe the privileges and obligations of the parties. The term party can mean an individual, company or corporation. No matter what kind of contract you take, having an understanding of contract law is a central part to establish sound business agreements that will be lawfully enforceable in the event when a clash arises.
In Thailand, the contract law is controlled by the Thailand Civil & Commercial Code TCCC and other Thai legal authorities. The contract is a comprehensive description of the obligations and duties and the time limit for performance of the parties. The law gives the parties comparatively broad freedom to agree any terms. The general rule of contract under the TCCC is that the contract is binding and concluded where the offer is accepted and the recognition is communicated from the offeree to the offeror. All contracts should be given in the form of a written document signed by the two parties. One of the major risk areas is that the laws especially restrict activities of foreigners, such as the Foreign business Act and Land Act.
As in any common law system, concluding a contract requires offer, acceptance, formality, consideration and intention to create a legal relationship. The contract encompass terms that are expressly agreed upon by the people as well as implied conditions that were not particularly arranged but implied into the contract by act or court explanation. In general, implied terms may not be inconsistent with the express terms of a contract. At common law, courts would usually imply a term into a contract if it is necessary to provide effectiveness to the contract from a business point of view.
Actually there are two different areas where the place of the contract becomes important. The foremost is the selection of law clause. It describes the law of which nation will apply. The second is the choice of forum clause that specifies which nation a complaint may be filed and a legal case may be enforced in court. Notice of the terms must be given at or before concluding the contract. The terms must be referred to or contained in a document that was projected to have contractual effect; and reasonable steps must be taken to bring the terms to concentration of the other party.
The TCCC states that the laws of that country will apply if the parties are of the same nationality. However, if the parties are not of the same nationality, the law of the country where the contract has been made will apply. For instance where a contract has been made between parties at a distance, the country where the contract is deemed to have been made is the country where notice of the acceptance reaches the seller. If such a place cannot be determined, the law of the country where the contract is to be performed shall govern.
Agreements between foreigners and Thai nationals are enforceable in Thailand. Real estate, purchase and sale of property, hotel and property management, guarantees, construction are the important contracts that are entered into between foreigners and Thai partners. shareholder agreements, employment, trust agreements, loan, joint ventures, franchising, licensing and distributorship are other types of contracts that are found to be very common. According to TCCC, if a contract of sale is subject to a time clause or to a condition, the ownership of the property is not transferred until the condition is fulfilled, or the time has arrived. The completion time of the contract of sale is referred to hereafter as the time of sale. The costs of a sale contract are paid by both parties equally.
If a disagreement over a contract arises and informal attempts at resolution fail; the most common method used to enforce contracts and resolve contract disputes is through the court system and lawsuits. Courts and formal lawsuits are not the only option for people and businesses involved in contract disputes. The parties can have a mediator to review a contract dispute, or may agree to binding arbitration of a contract dispute.
About the Author
In Thailand, the contract law is controlled by the Thailand Civil & Commercial Code TCCC and other Thai legal authorities. The contract is a comprehensive description of the obligations and duties and the time limit for performance of the parties. The law gives the parties comparatively broad freedom to agree any terms. The general rule of contract under the TCCC is that the contract is binding and concluded where the offer is accepted and the recognition is communicated from the offeree to the offeror. All contracts should be given in the form of a written document signed by the two parties. One of the major risk areas is that the laws especially restrict activities of foreigners, such as the Foreign business Act and Land Act.
As in any common law system, concluding a contract requires offer, acceptance, formality, consideration and intention to create a legal relationship. The contract encompass terms that are expressly agreed upon by the people as well as implied conditions that were not particularly arranged but implied into the contract by act or court explanation. In general, implied terms may not be inconsistent with the express terms of a contract. At common law, courts would usually imply a term into a contract if it is necessary to provide effectiveness to the contract from a business point of view.
Actually there are two different areas where the place of the contract becomes important. The foremost is the selection of law clause. It describes the law of which nation will apply. The second is the choice of forum clause that specifies which nation a complaint may be filed and a legal case may be enforced in court. Notice of the terms must be given at or before concluding the contract. The terms must be referred to or contained in a document that was projected to have contractual effect; and reasonable steps must be taken to bring the terms to concentration of the other party.
The TCCC states that the laws of that country will apply if the parties are of the same nationality. However, if the parties are not of the same nationality, the law of the country where the contract has been made will apply. For instance where a contract has been made between parties at a distance, the country where the contract is deemed to have been made is the country where notice of the acceptance reaches the seller. If such a place cannot be determined, the law of the country where the contract is to be performed shall govern.
Agreements between foreigners and Thai nationals are enforceable in Thailand. Real estate, purchase and sale of property, hotel and property management, guarantees, construction are the important contracts that are entered into between foreigners and Thai partners. shareholder agreements, employment, trust agreements, loan, joint ventures, franchising, licensing and distributorship are other types of contracts that are found to be very common. According to TCCC, if a contract of sale is subject to a time clause or to a condition, the ownership of the property is not transferred until the condition is fulfilled, or the time has arrived. The completion time of the contract of sale is referred to hereafter as the time of sale. The costs of a sale contract are paid by both parties equally.
If a disagreement over a contract arises and informal attempts at resolution fail; the most common method used to enforce contracts and resolve contract disputes is through the court system and lawsuits. Courts and formal lawsuits are not the only option for people and businesses involved in contract disputes. The parties can have a mediator to review a contract dispute, or may agree to binding arbitration of a contract dispute.
About the Author
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates BSA Law has focused on
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Tuesday, August 12, 2008
Working From Home Cant Be Any Better
How would you like to wake up each morning, and not have to face the traffic jams, or the early morning commute How would you like to plan your own schedule each day, and not having the bad breath of your overbearing boss leaning over your shoulder, pushing you to work harder How would you like to spend more time with your family
Well these thoughts and dreams could become a reality if you decide to work from home. I made that choice, and it was the best decision ever. I know that youve probably got so many questions floating around in your head right now, like what could I do Ive got no experience doing anything else What do I need The list goes on.
Well to work from home, and earn a steady and stable income, all you really need is a computer, and a internet connection. "It cant be that easy," I hear you say.
Well Im not saying its going to be easy, you will need to dedicate your time, and put a lot of effort into it, but you can make a success out of it. Remember, if you decide to take the plunge and work from home, its your business, and like any business, you need to put the hours into it.
The problem these days why most people are scared to take the plunge, and work from home is quite simple...the internet is full of sharks, just waiting to devour the unsuspecting newcomer.
I know from first hand experience what its like, I got burned with all the false promises of instant riches. Youll constantly see titles like Earn Thousands Working From Home In Your Underpants, and Earn A Six Figure Income On Auto-Pilot every day and so on.
Well the bad news is, that this is just the big sales pitch used to suck you in, take your money, and dont let the door hit you on the way out. A piece of advice that I was given awhile ago, NEVER WRESTLE A PIG." Why," I hear you ask, well the answer is, BECAUSE YOULL BOTH GET DIRTY, AND THE PIG LIKES IT.
What the gurus who run these sites dont tell you is how long itll take you to earn that sort of money. So its healthy to be cynical when looking for work on-line, dont rush in and take the first opportunity that presents itself.
Anyway enough of the negatives. So how to work from home The internet has vast number of ways to earn money, and there is a lot of free information, and products available to help you work from home.
Become An Affiliate
One of the first opportunities you will probably come across, while searching for work at home is, affiliate marketing. Basically this is where you promote other peoples products, and for every sale you get a commission. This is a good way to earn a steady residual income on-line, but you have to work at it.
The only downside to affiliate marketing is having the right products to promote, and when starting out, finding cheap ways to promote your affiliate products, thats not going to break the bank.
A free way to do this is article marketing, and the best thing is, it doesnt cost you a penny to do. Now how good is that
Article marketing does exactly what it says on the tin. You write articles, submit them to article directories with a link back to the site, and the product youre promoting...voil. Simple, and very effective. But remember picking the right product to promote is imperative for you to succeed.
Become A Content Writer, Ghost Writer, Freelancer
"But I cant write," I hear you say. Well I say nonsense. If I can do it, anybody can. The internet is the information super highway, and millions of people log on every day, for one purpose, information, so why not give it to them
There are article directories where you can sign up, submit your work, and if people like it, they buy it This is a really good work from home opportunity, that can branch off in so many different directions.
Content writer for example, every person on-line who has their own website, or if theyre promoting products, requires fresh content. So if they dont like writing themselves, they pay someone else to do it for them.
Content writing can range from writing 400 word articles, to 1,500 word reports, to full on 50+ page e-books. There are sites out there that offer good advice on the subject of content writing, and the steps to take, so take a look...whats stopping you
If you are serious about work from home opportunities then the internet is the right place to look. But you must have confidence in your own ability, and the determination to succeed.
I learned the hard way that if you want to work from home and be in this for the long haul, successful businesses have to be built around people, and people build more people, and so on. But, one thing for sure is, it takes time. If you want a get rich quick scheme, do the lottery.
If you are prepared to work hard, then theres a chance you will succeed. Spend time researching people, What people want, what people need.
So whether you want to be an E bay entrepreneur, the next super affiliate, or the hottest ghost writer on the net, work hard, and dont give up your dream, and remember work at home opportunities are there, so reach out and take them with both hands, and live the life youve always desired.
Home business entrepreneur John Benjamin. Get started right way and get access to a FREE business tools worth hundreds of dollars.
After my experience i have decided that these is the right place for me to air these article. Get busy While you re reading these thousands of people over the world re putting money in their pocket by this time next week you can.
About the Author
Well these thoughts and dreams could become a reality if you decide to work from home. I made that choice, and it was the best decision ever. I know that youve probably got so many questions floating around in your head right now, like what could I do Ive got no experience doing anything else What do I need The list goes on.
Well to work from home, and earn a steady and stable income, all you really need is a computer, and a internet connection. "It cant be that easy," I hear you say.
Well Im not saying its going to be easy, you will need to dedicate your time, and put a lot of effort into it, but you can make a success out of it. Remember, if you decide to take the plunge and work from home, its your business, and like any business, you need to put the hours into it.
The problem these days why most people are scared to take the plunge, and work from home is quite simple...the internet is full of sharks, just waiting to devour the unsuspecting newcomer.
I know from first hand experience what its like, I got burned with all the false promises of instant riches. Youll constantly see titles like Earn Thousands Working From Home In Your Underpants, and Earn A Six Figure Income On Auto-Pilot every day and so on.
Well the bad news is, that this is just the big sales pitch used to suck you in, take your money, and dont let the door hit you on the way out. A piece of advice that I was given awhile ago, NEVER WRESTLE A PIG." Why," I hear you ask, well the answer is, BECAUSE YOULL BOTH GET DIRTY, AND THE PIG LIKES IT.
What the gurus who run these sites dont tell you is how long itll take you to earn that sort of money. So its healthy to be cynical when looking for work on-line, dont rush in and take the first opportunity that presents itself.
Anyway enough of the negatives. So how to work from home The internet has vast number of ways to earn money, and there is a lot of free information, and products available to help you work from home.
Become An Affiliate
One of the first opportunities you will probably come across, while searching for work at home is, affiliate marketing. Basically this is where you promote other peoples products, and for every sale you get a commission. This is a good way to earn a steady residual income on-line, but you have to work at it.
The only downside to affiliate marketing is having the right products to promote, and when starting out, finding cheap ways to promote your affiliate products, thats not going to break the bank.
A free way to do this is article marketing, and the best thing is, it doesnt cost you a penny to do. Now how good is that
Article marketing does exactly what it says on the tin. You write articles, submit them to article directories with a link back to the site, and the product youre promoting...voil. Simple, and very effective. But remember picking the right product to promote is imperative for you to succeed.
Become A Content Writer, Ghost Writer, Freelancer
"But I cant write," I hear you say. Well I say nonsense. If I can do it, anybody can. The internet is the information super highway, and millions of people log on every day, for one purpose, information, so why not give it to them
There are article directories where you can sign up, submit your work, and if people like it, they buy it This is a really good work from home opportunity, that can branch off in so many different directions.
Content writer for example, every person on-line who has their own website, or if theyre promoting products, requires fresh content. So if they dont like writing themselves, they pay someone else to do it for them.
Content writing can range from writing 400 word articles, to 1,500 word reports, to full on 50+ page e-books. There are sites out there that offer good advice on the subject of content writing, and the steps to take, so take a look...whats stopping you
If you are serious about work from home opportunities then the internet is the right place to look. But you must have confidence in your own ability, and the determination to succeed.
I learned the hard way that if you want to work from home and be in this for the long haul, successful businesses have to be built around people, and people build more people, and so on. But, one thing for sure is, it takes time. If you want a get rich quick scheme, do the lottery.
If you are prepared to work hard, then theres a chance you will succeed. Spend time researching people, What people want, what people need.
So whether you want to be an E bay entrepreneur, the next super affiliate, or the hottest ghost writer on the net, work hard, and dont give up your dream, and remember work at home opportunities are there, so reach out and take them with both hands, and live the life youve always desired.
Home business entrepreneur John Benjamin. Get started right way and get access to a FREE business tools worth hundreds of dollars.
After my experience i have decided that these is the right place for me to air these article. Get busy While you re reading these thousands of people over the world re putting money in their pocket by this time next week you can.
About the Author
John Benjamin: Entrepreneur and freelance writer.
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Labels: crown point dance affiliates, online selling, shareholders, wholesale merchandise, young entrepreneur in earn
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