A Study Of The Civil And Commercial Code Of The Kingdom Of Thailand

The dichotomy of "East versus West" and "Traditional versus Modern" has resulted in the study of extraterritorial civil and commercial law focusing mostly on Western developed countries,and less on Southeast Asian countries.However,in the important context of the concept of "community of human destiny",it is an inevitable choice to move away from "Western centrism" and to respect the diversity of civilisations in the new order of civilisation exchange and mutual appreciation.Under the new development pattern,the Kingdom of Thailand is an important neighbouring country to China and trade between the two countries is becoming increasingly close,but there are not many studies on the civil and commercial legal system of the Kingdom of Thailand in China,and there is still a gap in the systematic study of the Civil and Commercial Code of the Kingdom of Thailand.To this end,this article examines the Thai Civil and Commercial Code(TCCC)within the context of a country and regional research paradigm,with the aim of constructing a body of knowledge on the TCCC and exploring the characteristics of the TCCC as shaped by multiple legal cultures.This article begins with the origins and development of the Kingdom of Thailand’s civil and commercial legal culture,and specifically responds to the origins and development of the legal culture in the pre-Thai period before the establishment of the Thai dynasty,the legal culture and institutions of the Kingdom of Thailand in the ancient period,the legal culture and institutions of the Kingdom of Thailand in the modern period,and the characteristics of the legal culture and institutions of the Kingdom of Thailand in the modern period.This article then focuses on the construction of the General Provisions,the Law of Debt,the Law of Property,the Law of the Family and the Law of Succession of the current Kingdom of Thailand Civil and Commercial Code,and concludes with a summary of the features of the Kingdom of Thailand Civil and Commercial Code.It is clear from research that the footprint of human existence in the Kingdom of Thailand region can be traced back as far as the prehistoric period,and as history evolved and private ownership came into being,the legal culture surrounding civil and commercial matters gradually sprouted and developed.In the pre-Thai period,the legal culture of the Kingdom of Thailand began to be gradually influenced by indigenous values,Buddhism and Brahminism.After the establishment of the Thai nation-state,the legal culture was heavily influenced by Indian religions due to the esteem and support of the rulers,and up to the early Bangkok dynasty,the legal culture and system of the Kingdom of Thailand,had a distinctly Indianised character.In the modern period,based on external pressure from the Western colonial powers and the need for internal social change,the Bangkok dynasty undertook a comprehensive top-down reform,at which time the legal culture and system of the Kingdom of Thailand began to be influenced by Western civilisation and legal concepts,showing a tendency towards Westernisation.In 1935,after nearly 30 years,the Kingdom of Thailand Civil and Commercial Code was finally enacted,making it one of the earliest codified civil and commercial codes in Asia.The Code is structured on the European model and draws heavily on the experience and wisdom of Western countries in drafting codes,resulting in the construction of the Code,which is a blend of East and West,tradition and modernity.Firstly,the family and inheritance law section of TCCC adopts a large number of traditional Thai laws,respecting and preserving the Kingdom’s traditional beliefs and values to the greatest extent possible,mainly reflecting the Eastern and traditional attributes of the code.For example,although the Kingdom of Thailand has accepted the modern legal concept of "monogamy",it does not provide for penalties such as "bigamy" for violations of "monogamy" as other countries do." As polygamy is permitted or not prohibited by Buddhist teachings,polygamy is prohibited and tolerated under current Thai law.On the issue of succession for Buddhists,TCCC continues the traditional law that respects and upholds the Buddhist doctrine that monks should not be dependent on secular property and is bound and reflected in the law,which clearly states that although a monk can be a legal heir,he cannot initiate succession proceedings as a legal heir.In terms of traditional values,TCCC preserves the traditional value of the younger generation being eternally grateful to their elders.For example,in family relations,the law prohibits descendants from suing their parents or family elders in civil or criminal cases;such proceedings are considered unconscionable and cannot be instituted.In the case of adoption,the adopted child’s rights and duties in the family of origin are preserved.Secondly TCCC draws heavily on Western legal systems,concepts and institutions in terms of legislative style,legislative model and the content of the code.A study of TCCC shows that the extent and scope of reference to Western law in the Kingdom of Thailand is probably the most profound and extensive in Asia.The codification of TCCC sets the tone for learning and assimilating Western law,taking the German Civil Code as a model and adopting the German model for codification.In terms of legislative style,TCCC is influenced by the German Pendleton Doctrine and draws on the legal system of the German Civil Code.In terms of the legislative model,it draws on the Swiss Civil Code,which is a combination of civil and commercial legislation.In terms of legislative content,TCCC introduces a large number of legal concepts and systems from countries such as Germany,France,Switzerland and Japan.The result is a codex characterised by a blend of "East and West" and "Tradition and modernity".Through a systematic study of TCCC,the legal knowledge system of the current TCCC will be constructed,breaking the gap in the current systematic study of TCCC in China and providing a little supplement and useful exploration for research in related fields,thus promoting the exchange and mutual appreciation of civilisations between China and the Kingdom of Thailand.