Classification of Law
Thailand's legal system is a mixture of Roman civil law and Anglo-American common law systems. Civil law operates in areas such as family relations, property, succession, contract, and criminal law, while statutes and principles of common law origin are evident in such areas as constitutional law, procedure, corporations law, taxation, insurance, labour relations, banking and currency.
Civil law systems are based on concepts derived from old Roman law, distinguishable by their reliance on having a comprehensive set of rules and principles codified and easily accessible to both citizens and legal professionals. Codified laws are regularly revised to reflect the current environment, and have stronger emphasis in civil law countries than any precedent set by earlier court cases. Civil law countries cover more than 65% of world’s legal system, including the majority of continental Europe, Central and South America, the Middle East, Asia and Africa.
eSignature Legality Summary
Under Thai law, a written signature is not necessarily required for a valid contract - contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or in a physical paper document (Sections 7, 9, 13 of the E-Transactions Act). The E-Transactions Act specifically confirms that contracts cannot be denied enforceability merely because they are concluded electronically. To prove a valid contract, parties sometimes have to present evidence in court. In the absence of a QES, leading digital transaction management solutions can provide electronic records that are admissible in evidence under Section 11 of the E-Transactions Act, to support the existence, authenticity and valid acceptance of a contract.
Use Cases for Standard Electronic Signature (SES)
Use cases where an SES is typically appropriate include:
- HR documents such as Employment Contracts, benefits paperwork and other new employee onboarding processes
- commercial agreements between corporate entities including NDAs, procurement documents, certain sales agreements
- consumer agreements including new retail account opening documents
- real estate documents including lease agreements (for a period of no more than 3 years), and other related documentation for residential and commercial real estate
Use Cases That Are Not Typically Appropriate for Electronic Signatures or Digital Transaction Management
Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.
- Handwritten - contract of sale of immovable property (Sec. 456 of CCC)
- Handwritten - contract of sale of ships of five tons and over, floating house, or beasts of burden (Sec. 456 of CCC)
- Handwritten - contract of a gift of immovable property, ships of five tons and over, floating house or beasts of burden (Sec. 456 of CCC)
- Handwritten - contract of sale with right of redemption of immovable property, ships of five tons and over, floating house, or beasts of burden (Sec. 525 and 456 of CCC)
- Handwritten - a hire of immovable property for more than a period of 3 years, (but not lease contracts for a period of no more than 3 years and other contracts related to real estate, which can be signed validly via any form of electronic signature) (Sec. 538 of CCC)
- Handwritten - mortgage contract (Sec. 714 of CCC)
- Handwritten - transactions relating to family (Royal Decree Prescribing Civil and Commercial Transactions Exempted from Enforcement under Law Governing Electronics Transactions BE. 2549 (2006))
- Handwritten - transactions relating to succession (Royal Decree Prescribing Civil and Commercial Transactions Exempted from Enforcement under Law Governing Electronics Transactions BE. 2549 (2006))
DISCLAIMER: The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing electronic signature may change quickly, so DocuSign cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a licensed attorney in your area.
Last updated: November 01, 2019