Reliable lawyer assistance Thailand with 3lawyersthailand.com: 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 additional information on lawyer quotes in Thailand.

Legal Services is often times associated with controversies requiring court action. In truth, it embraces both Litigation and Related Services requiring an understanding of the law, its incorporation into an act, and the possible legal repercussions that may follow. Services which fall into this category include the drafting of public instruments, private contracts or agreements, registration and licensing requirements, notary services, personal legal documentation, and many others.

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.

Only a foreigner who qualifies under section 96 bis of the Land Code Act may own up to 1600 square meters (or 1 rai) of land for residential purposes in specified areas. Foreign land ownership under section 96 bis among other requires an investment of not less than 40 million Baht in by the BOI approved Thai bonds and assets which must be beneficial to Thai economy and requires approval by the Minister of Interior. If granted foreign land ownership under this exemption is limited to the life of the person granted the right to own the land (not transferable, not inheritable). Permission for foreign land ownership under section 96 bis Land Code Act is rarely applied for or granted.

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