November 22, 2009

The legal aspect of Gift Giving in Thailand

Acts of generosity are not uncommon in Thailand. Grateful farangs (foreigners) almost always show their appreciation by gifts or promises of them worthy of their happy and receiver. However, problems occur when the amiable relationship between the donor (donor) and recipient (receiver) sour. This was more often than not, is followed by the following request from the party: Can I demand the return of the gifts you have given me?

Fortunately, Thai law has specificProvisions for those most likely-to-case dilemma. Giving is a contract. This means that both parties can be the mutual rights and obligations and the breach of a reason for termination have. I know you are eager to see whether or not interest shall terminate, to the return of gifts. Since we are talking about German lawyers, the answer is: it comes from.

A gift can be revoked and withdrawn only in exceptional circumstances. These circumstances shares, the basic concept of theIngratitude. Unfortunately, the law holds only three specific instances of ingratitude as the reason for the revocation. First, the donee to the donor, a serious offense punishable under the Penal Code did not commit. Second, the donee has seriously defamed or insulted the donor. Finally, the recipient, is capable of providing assistance, has refused to the donors who help those in need of the basic necessities for existence.

If you are sure that the gift recipient is obliged toEach of these acts of ingratitude, you must act at once because time is of the essence. The law gives you only six months to withdraw and the gift from the time of the act of ingratitude has come to withdraw your knowledge. Also, it is essential that you have not manifested the donee absolution otherwise revocation is no longer profitable. If ten years from the time of the act of ingratitude has been committed, have passed, the law will say it simply forgotten.

In cases in which giftsremuneratory clean, loaded with a charge, made in accordance with a moral duty, or made in connection with the marriage, the cancellation is not allowed. I know that the bride "," boys, whose engagement has gone wrong, are interested in whether they can take back the betrothal gifts, which they abandoned, but this issue is governed by a separate legal requirement and must be an essay for discussion.

It bears stressing that there should be any legal dilemmaConsultation with licensed and reputable lawyer in Thailand before taking action: a cautious approach in all countries.

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