在泰国各级法院系统--无论是地区法院、省级法院还是最高法院--的法律诉讼过程中，当事人可能会对自身安全、权利保护或利益维护感到担忧。泰国民事诉讼法》提供了解决这些问题的机制。涉案一方可以向法院提交申请，要求发布临时禁令。这一法律工具旨在阻止另一方当事人从事或继续从事可能造成伤害或引起法律纠纷的行为。
此外，禁令还包括旨在阻止另一方当事人从事挥霍、损坏、转让、出售、重新安置或以其他方式处置任何有争议财产等活动的措施。
泰国法律通过法院的明智应用，旨在为法律纠纷中的各方提供平衡的考虑。在某些司法管辖区，法律可能会过分偏袒一方，而泰国民事诉讼法则不同，它提供了一个框架，确保原告和被告都能得到公平对待，尤其是在临时禁令方面。
这种平衡的方法强调了泰国法律体系对公平和正义的承诺，在法院做出最终裁决之前，为双方提供了保护自身权益的机会。
1. The Thai Civil Procedure Code in relation to the Temporary Injunction Relief for the Plaintiff
A plaintiff who files a civil case against a debtor (could be a family member or simply an acquaintance) in whatsoever liabilities and obligations e.g. loan, hire of work, lease, sale, and purchase agreement, etc., may be concerned about a remedy and compensation which has to be fulfilled by such debtor. In some cases, the debtor fails or is not willing to comply and settle any liabilities and obligations to the lender.
In the event that the debtor is unwilling to sell, transfer and/or dispose of his/her assets, the plaintiff shall submit an application to the court to order an injunction or a measure to impede such debtor's act.
The Thai Civil Procedure Code of Thailand, Section 254 stipulates that:
“In a case other than a petty case (e.g. a case having the case capital of not more than 300 thousand baht), the plaintiff is entitled to file with the Court, together with his plaint or at any time before judgment, an ex parte (one side) application requesting the Court to order, subject to the conditions hereinafter provided….”When a plaintiff seeks an injunction from the Court, there are four main purposes or measures for which such an application can be filed:
Seizure Before Judgment: This measure allows for the seizure of all or part of the property in dispute that belongs to the defendant, as well as any money or property owed to the defendant by a third party.
Temporary Restraining Order: This injunction prevents the defendant from repeating or continuing any wrongful act, breach of agreement, or the specific act that led to the case filing. It may also include other orders necessary to provide relief to the plaintiff from the defendant’s actions.
Order for Temporary Changes in Registration: This involves requesting the registrar to temporarily extinguish, amend, or revoke the registration related to the asset in dispute or the defendant’s property.
Temporary Detention of the Defendant: In certain circumstances, the court may order the temporary arrest and detention of the defendant.For the Court to consider an injunction application, the plaintiff must demonstrate that there is a valid reason for the request and that the proposed measure is necessary for their protection.
Additionally, specific criteria must be met for each type of measure. For example, if a plaintiff requests an injunction to prevent the transfer of land by the defendant, evidence must be presented to the Court showing the defendant's intent to register, amend, or revoke the land's registration. This is essential for the Court to approve the temporary injunction request.
2. The Thai Civil Procedure Code in relation to the Temporary Injunction Relief for the Defendant
The Thai Civil Procedure Code grants defendants the right to request that the plaintiff deposit a sum of money, furnish a security for payment, or procure security to cover potential unforeseen events. This provision ensures that defendants are protected against possible financial losses that may arise during the course of legal proceedings.
The Thai Civil Procedure Code, Section 253 stipulates that:
“Where the plaintiff is not domiciled or his business office is not situated within the Kingdom and he does not have property liable to execution within the Kingdom or where there is strong reason to believe that he will, if he loses the case, evade the payment of costs and expenses, the defendant may, at any time before judgment, file an application by motion with the Court for an order directing the plaintiff to deposit money or to furnish security for such payment costs and expenses.”The point of Section 253 is that the defendant can file an application to the Court for an order directing the plaintiff to deposit money or security if:
1. The plaintiff is a foreigner or is a foreign entity of which their business office or domicile is not in Thailand or does not have a property in Thailand; or
2. There is a strong reason to believe that the plaintiff will evade the payment of costs and expenses if he loses the case.
The Thai Civil Procedure Code affords defendants the right to request that plaintiffs either deposit money or provide security to cover potential payments or costs arising from unforeseen events during legal proceedings. This provision is particularly relevant in scenarios where the plaintiff, whether an individual or a business entity, has a domicile or is registered outside Thailand—for instance, if a plaintiff once operated a business within Thailand but has since relocated operations abroad.
Additionally, this right becomes pertinent if, during the examination of a plaintiff's witness, there is an indication that the plaintiff might not cover the court costs and fees should the court dismiss their charge or find in favor of the defendant. It is important to note that this motion can be filed at any stage of the proceedings, including appeals to the Court of Appeal or the Supreme Court.
Should the Court, upon reviewing the motion and conducting necessary examinations, find the defendant’s request warranted, it will mandate the plaintiff to deposit the specified money or security within a set timeframe. Failure to comply will result in the case being removed from the court's docket, unless the defendant opts to continue or the plaintiff successfully appeals the order.
Conversely, if the Court denies the defendant's application, the defendant retains the right to appeal this decision. It's also crucial to understand that even if the case is struck from the record, the plaintiff is not barred from refiling the case against the defendant. This is because the dismissal is procedural, without the Court having addressed the substantive issue at hand.
根据Juslaws & Consult 律师事务所在民事诉讼方面的丰富经验，我们发现申请临时禁令是保障原告权利的一种战略性方法，尤其是在债务追讨案件中。申请临时禁令可以更可靠地保证债务人履行其经济义务，而不是仅仅依赖于他们的善意或道德行为。
我们经验丰富的律师在代理原告时经常建议申请临时禁令，目的是在法院做出判决之前确保客户的权利。如果您需要更多有关泰国法律事务的信息或帮助，Juslaws & Consult随时准备为您提供专业的法律咨询和服务。如果客户的案件需要法院强制令，我们承诺提供最大的支持，以促进这一进程。Juslaws & Consult致力于根据客户的独特需求提供全面的法律解决方案。
