By Yehlen Sanchez
Acts of generosity are not uncommon in Thailand. Grateful farangs (foreigners) almost always show their appreciation by giving gifts or promises thereof to their lucky and worthy beneficiaries. Problems occur however, when the amiable relationship between the donor (giver) and donee (recipient) turns sour. This, more often than not, is followed by the following query from the party concerned: Can I demand the return of the gifts I have given?
Fortunately, Thai law has specific provisions governing this very-likely-to-happen quandary. Gift giving is a contract. This means that both parties have mutual rights and obligations and the breach thereof can be a ground for termination. I know you are interested on whether or not termination will result to the restitution of gifts. Since we are talking about legalese, the answer of course is: it depends.
A gift can be revoked and withdrawn only in special circumstances. These circumstances share the basic concept of ingratitude. Unfortunately, the law only considers three specific instances of ingratitude as a ground for revocation. First, the donee has committed against the donor a serious criminal offense punishable under the Penal Code. Second, the donee has seriously defamed or insulted the donor. Lastly, the donee, capable of providing assistance, has refused to help the donor who is in need of the basic necessities for existence.
If you are certain that the recipient of the gift has committed any of these acts of ingratitude, you have to act at once because time is of the essence. The law only grants you six months to revoke and withdraw the gift from the time the act of ingratitude has come to your knowledge. Also, it is imperative that you have not manifested absolution to the donee otherwise revocation is no longer viable. If ten years have passed since the time the act of ingratitude was committed, the law will tell you to just forget it.
However, in cases where gifts are purely remuneratory, encumbered with a charge, made in compliance with a moral duty, or made in consideration of marriage, revocation is not allowed. I know that the "betrothed" fellows, whose betrothals have gone awry, are interested on whether or not they can take back the betrothal gifts they dispensed, however this matter is governed by a separate legal provision and needs another article for its discussion.
It bears stressing however, that any legal dilemma should be consulted first with licensed and reputable lawyers in Thailand before you take any action: a prudent course of action in all jurisdictions.
The above discussion is intended for general guidance in matters of interest only. Nothing contained herein shall be construed and/or understood to be legal advice. A conference with your lawyer with respect to any issues or problem is indispensable before taking any action or decision.
Yehlen Sanchez works as a Legal Consultant for Siam Legal International, Thailand's largest legal service network with offices in Bangkok, Phuket, Pattaya, Hua Hin, Chiang Mai and Samui. The firm has international locations in London and Los Angeles. Siam Legal is a full-service law firm and provides a wide range of legal and visa services. Visit Siam Legal on the web at http://www.siam-legal.com
Article Source: http://EzineArticles.com/?expert=Yehlen_Sanchez
Article Source: http://EzineArticles.com/2451364
No comments:
Post a Comment