Monthly Archives: October 2018

Land & Property Law in Thailand

Thailand is an incredible country much famed for its serenity and rich culture. In fact, the country is much popular among the tourists, and is now the number one tourist spot in South-East Asia. With its mind blowing scenery, stupendous beaches, idyllic tropical islands, and a myriad of attractions covering palaces, ancient shrines, interesting museums, historic monuments, and places of cultural significance, Thailand has been drawing holidaymakers from across the world per year.

Of which many of the people, especially Europeans and Americans, settle down here permanently, inspired by the incredibility of the place. Some westerns have even chosen certain destinations in Thailand such as Koh Samui, Pattaya, and Phuket, to spend their retirement life.

Factors such as exceptional low prices and excellent investment potential have also lured large number of people to invest in the country’s property market. All these have led to increased demand for property in Thailand. Property market in Thailand is highly active, with a number of options, ranging from land and houses to condominiums, villas, and serviced apartments. Discussed further in this article are laws as well as procedures involved in connection with owning a property in Thailand.

The laws with regard to owning a property in the country is quite confusing. A foreigner cannot easily own a property in Thailand. In other words, Thai law strictly prohibits a foreigner to own a freehold land in the country. However, there are certain loopholes in the law regarding this issue. A foreigner can own a land or property in the country through a number of ways such as land leases, company ownership, investments, and above all, through Thai spouse.

Land Leases – Although Thai law prohibits land ownership rights to people, foreigners are allowed to hold 100% interest in a land lease in the country. In other words, land lease is one of the simplest as well as straightforward options for a foreigner to acquire a property in Thailand. According to the Thai lease law, a maximum of 30-year lease year is provided, and that too with the option to renew the lease for an additional period of 30 years.

Additionally, lands for commercial as well as industrial purposes could be leased up to a period of 50 years, with options for further extension of lease. All kinds of land lease must be registered with the Land Development. However, it is not required to register leases up to three years. It has been made mandatory to register any kind of lease renewal that has been agreed upon with the land owners at the local land office.

Company Ownership – Registered companies in Thailand with majority Thai ownership could buy land in Thailand. In general, only Thai majority companies are allowed to own land in the country. However, in certain instances, the Board of Investment (BOI) allows a foreign registered company registered in the country to own a land for a short period of time.

Thai Spouse – A Thai wife of a foreigner is allowed to own a land or property in the country in her own name. This option is a very good way to own to a property in Thailand if there is not any marital problem between the couples.

However, it has been made mandatory for the couples to sign declarations with the Land Department. This in turn is to specify that the funds used are the property of the Thai spouse. But, it may sometimes become a problem in case of divorce. In such a situation, an expertly prepared prenuptial agreement may prove helpful for the non-Thai spouse.

Investment – As per the Thai property law, a foreigner is allowed to purchase a limited amount of land, on the basis of investment of about 40 million bahts for five consecutive years, provided if the land is for residential purpose.

Despite any other aforesaid options, one of the best ways to purchase a property in Thailand is via the purchase of a condominium unit. The Thai government does not impose any kind of restrictions on foreigners to own a condo unit in Pattaya, except for some requirements to be met under the Condominium Act (1979), such as bringing in 100% of funds for the purchase of condo unit in foreign currency and recording of it by a Thai bank on a Foreign Exchange Transaction Form (FETF), which in turn is considered an evidence to submit it to the Land Department.

A number of firms are now in the scenario to help you deal with the legal procedures in connection with the owning of a land or property in the country. They undertake a plethora of services such as purchase as well as sale agreement, asset purchase transactions, transfer and lien registrations, title searches, and industrial estates.

What Is Form I-797

When a petition or application is submitted to USCIS, the applicant or petitioner will receive a Receipt notice. On receipt of the petition or application USCIS will send this receipt notice to the applicant. The receipt notice is also called as Form I-797. After the application is processed successfully, USCIS will send an approval notice on Form I-797. Be notified that Form I-797 is not a visa and cannot be used in place of a visa. It states that action is taken on your application and this will be mentioned in the form.

The use of the USCIS Approval Notice has been revised. It has four versions as follows:
Form I-797, used only for the approval of immigrant visa petitions and adjustment of status applications.
Form I-797A, with a tear-off I-94 card used when the applicant is inside the United States, for extension of stay and changes of non-immigrant status.
Form I-797B, with a tear-off consular notification card used when the applicant is outside the United States or will use the approval to obtain a non-immigrant visa.
Form I-797C, used for non-approvable actions such a filing receipts, requests for more information and denial.

The USCIS Approval Notice is a receipt that USCIS has received your application and contains information about the following:
The applicant’s (Petitioner) personal information.
The Beneficiary’s information (if any).
Name of the petition.
Receipt Number, using this number you can check the status of your application.
Receipt Date, the date your application was received by USCIS.
Priority Date, is your place in the waiting list queue. This date depends on the preference category you come under and the country of birth. If your priority date is the current date, it means that a visa is immediately available.
Notice Date.
Type of notice, whether it is USCIS Approval or receipt.
Class, what category you belong.
Validity of your petition. This states how long your petition is valid. The consular authorities have the right to extend your validity period.

The USCIS Approval Notice on Form I-797 has the information about how long you are permitted to have a legal stay in the United States. Please note that this date always matches with the date in the I-94 card. If your application is rejected by USCIS, you will receive Form I-797C, where the receipt number would be blank.

When you receive the USCIS Approval Notice, carefully go through the form. If you find any errors in it, you should immediately inform the centre from where you have received the USCIS Approval Notice. You can find the address of the centre in Form I-797. Keep the USCIS Approval Notice safely, as you have to include it along with the supporting documents, when you submit certain visa petitions. Moreover the USCIS Approval Notice should be taken to the embassy when called for the interview and for visa stamping process.

If the applicant does not receive the USCIS Approval Notice on Form I-797, a duplicate copy will be issued without fee. Similarly when there are errors in the USCIS Approval Notice, corrected Form I-797 will be issued without fee.

A Biblical Perspective On The Secret And The Law Of Attraction

The Law of Attraction is a biblical concept, but has been perverted by worldly teachings; therefore, the church should seek teaching on the biblical Law of Attraction.

Now I’m sure you’ve heard of the teaching known as “The Secret.” The concept is, by using this “secret,” which is “The Law of Attraction,” you can attract anything you want in your life: more money, a bigger house, more business, the perfect mate, literally anything you want!

While the teachings conveyed about the Law of Attraction from worldly teachers contain many truths, they also contain some contradictory ideas to the Word of God. For example, I personally disagree with the notion that a person can have just anything. The reason being, we were born with different strengths, skills, and talents that lend themselves to our individual abilities to acquire the things we desire.

God made us all unique, with a purpose, and with a certain mission to fulfill His will. It isn’t all about us! Now does that mean the Law of Attraction should be ignored? Is it all just a bunch of garbage for the Christian? Absolutely not! The Law of Attraction is a biblical concept.

Once we understand the proper mechanics and the proper use of the law of attraction and discuss it within the church, we should refer to it as the “biblical law of attraction” simply that there may be no misunderstanding. So from here to the end of this article, I’ll refer to it as the “Biblical Law of Attraction.”

Now, the Biblical Law of Attraction and God’s will can, and should work together in your life. Let me clarify it from a biblical perspective in the following three points:

1. The Worldly Law of Attraction and the Believer in Christ

The worldly teaching of the Law of Attraction has brought much confusion to the believer in Christ for one very good reason: It leaves out the entire concept of God’s will! If you’ve been trying to use the Biblical Law of Attraction in the way the worldly teachers teach it, you’ll soon find yourself feeling far from God!

2. Why the Basic Concept of the Law of Attraction Works for Everyone

Like I said previously, the Law of Attraction is a biblical concept and a Godly principle. It’s just that the worldly teaching of it is not Godly. It has distorted biblical references by leaving Jesus out of the equation, thereby perverting the Word of God to suit its own purposes.

3. The Basic Concept of the Law of Attraction and God’s Will

Jesus’ teaching on the Biblical Law of Attraction deals with our beliefs, thoughts, words and actions. The worldly teachers of the Law of Attraction teach that our words and thoughts are enough, like there’s some sort of magic in what we request from, who they call, the “Universe.”

God is interested in our “issues,” and He wants a relationship with us more than anything else. He wants our heart; therefore it grieves Him when we chase after selfish ambitions instead of Him.

So, how should one use the Biblical Law of Attraction? The answer is, to glorify God in his or her life. Not merely to obtain selfish ambitions.

Prejudice In The Legal System – A Misunderstood Concept

The election of an African-American President was something few people thought would happen in their lifetimes. The reason? Prejudice against people of color. Alas, there is an open prejudice in the legal system as well. The type of prejudice we are talking about in this article, however, is not an offensive version and is often misunderstood.

The legal system, particularly the civil system, is very forgiving in many ways. If a party makes a mistake, the system will often have a built in allowance for them to try again. This can be done through things such as amendments to pleadings and so on. The term prejudice, as noted in the legal system, is a pillar of this process.

What does the legal procedure concept of prejudice mean? It simply is an indicator that something is final or not. A motion that is granted -with prejudice- is a final ruling on that subject and it shall not be raised again. A motion that is granted -without prejudice- is something the impacted party will usually be allowed to try and fix within a set time period. An example helps show how this work.

I sue you for causing a car accident between the two of us. You file a motion to dismiss my complaint on the grounds that I didn’t serve you with the complaint correctly. I argue that I served the lawsuit at your home address and on your wife. You argue that a separation had occurred a week earlier and you know longer lived at that address. Under the laws of your state, the court grants the motion to dismiss but does so without prejudice. This gives me a certain amount of time to serve the lawsuit on you in a proper manner.

Now consider a second case. I sue you for causing me to drive off the road and crash into a tree. I assert that you did this because you are really an alien being who can control the minds of people. You file a motion to dismiss on the grounds that I am completely out of my mind and haven’t stated a legal cause of action. The judge agrees, recognizes the case is nonsense and grants the dismissal with prejudice. I am not barred from amending my complaint or trying again.

These are obviously two extreme examples. That being said, they do bear out the concept of prejudice as it applies to the legal system.

Thomas Ajava is with MelbourneWrongfulDeathAttorney.com – locate a quality Melbourne wrongful death attorney to review your wrongful death case today.

New Family law and Criminal law guides introduced at Clarus Press

Clarus Press, your collective guide and one-stop solution for Irish law books, has introduced several new guidebooks in various branches of law. This publication house is the leading one in Ireland, providing law guides to practitioners as well as law graduates. Family Law is one branch where Clarus Press has introduced a new guide called Family Breakdown – A legal guide authored by Kieron Wood. The guide is a revised version of the 1997 guide called Divorce in Ireland.

The popularity of the guidebook is based on the success of the earlier book Divorce in Ireland, however, the new guide comes with new additions that talks about the expanded rules in the family law issues. Family law in Ireland has undergone several changes in the past decade. For instance, the introduction of civil partnership in 2011, changes in the in camera rule and developing European jurisprudence.

This new guide also sheds light on pension and tax advice, shortcoming while drafting a will, new marriage regulations and more. Moreover, under family law section, Clarus Press’ trusted guidebook, Family Law in Practice a study of cases in circuit courts, has long served as a go-to guide among law practitioners in the field.

Coming towards other branches of law covered at the pioneering publication house of Ireland, there is Criminal Law that offers a wide range of guides to students. For understanding basics and terminology used in cases pertaining to this law, a text called Criminal Definitions by Tim Bracken offers a detailed view to various definitions, highlighting their meaning and relevance in the court of law. Moreover, to dive further in detail, Clarus Press has a guide called Irish Criminal Justice- Theory, Process, and Procedure. This comprehensive guide provides a more critical and analytical view to the various themes and stages in Irish criminal process. Starting with theoretical framework, the guide focuses on analyzing essential issues from making an arrest to court procedure, sentencing, and post sentencing appeals.

Another facet of Irish law given due importance through Clarus Press guidebooks is of Insolvency. Their conclusive guide called The Practitioner’s Personal Insolvency Handbook is written specifically to cater legal practitioners as a perfect text giving an overview to debt collection procedure in Irish courts. The legal procedure undertaken differs based on whether on is appealing in District, Circuit, or High Courts. Moreover, this guide only concerns the legal procedure undertaken in case of personal insolvent clients.

How to Cancel a Legal Separation

A legal separation is often a “trial divorce”, where a couple decided to separate for a period of time to see if you can solve problems in their marriage to see if the file for a divorce. Once a legal separation was granted by the judicial system, you can still ask the court to complete the separation movement.

If a couple decides to stay together, they may revoke their separation agreement.

Steps:

Visit your local registrar’s office and request a “motion to dismiss. ” You can also hire a lawyer or use your divorce lawyer to help you correct documentation.

Fill in the form of a motion to dismiss. Both you and your spouse must sign the papers. You must include the file number of their separation. It is also necessary to provide a reason why the proposal is submitted.

Submit file the clerk of court.You will be given a hearing date for you and your spouse to attend.

Attend the hearing. If you and your spouse have signed the motion that the court decides to cancel the legal separation.

Main features

Key features of the Separation Agreement service

* Separate and apart

* Children – residence and contact

* Obtaining divorce by agreement

* Finance – clean break ( where applicable)

* Lump sum payments

* Maintenance for spouse

* Additional maintenance such as school fees

* Child maintenance

* Terminating events such as death or remarriage

* Variation of agreement for maintenance

* Occupation of family home

* Transfer of family home

* Release from mortgage

* Sale of family home

* Transfer of family company

* Life insurance policies * Pension provision

* Agreement to leave by will

* Contents of family home

* Other assets

* Credit cards and unsecured debts

What happens if we have a Separation Agreement and then get Divorced?

Should you and your spouse subsequently divorce, provided your Separation Agreement is drawn up properly and is reasonable, a Court is unlikely to interfere with it and will usually seek to uphold the provisions contained in it.

Future Amendments in Separation Agreement

A well drafted separation agreement will allow for future amendments by either direct written change by both parties or a process of mandatory mediation or, as a final alternative, resort to the courts.

If you were not married or in a civil partnership, then you or your former partner can probably enforce any written agreement that was made as a contract and ask the court to uphold its terms and force you or your former partner to comply.

If you were married or in a civil partnership, then there are a range of enforcement options potentially available to you. Exactly what you can do will depend on the type of obligation that your former spouse or civil partner has failed to comply with. For example:

* The court could order that maintenance payments are paid directly from salary.

* The court could place a charge against a property owned by the person who failed to pay you a lump sum of money and for the property then to be sold.

* As a last resort, the court to send your former spouse or civil partner to prison.

* The court could enforce maintenance payments for children

You should speak to a solicitor about which of the options may be best for you.

Enforcing a court order can be expensive and take time, so you need to bear in mind the potential costs of taking action as against the benefit of enforcing the agreement.

Divorce guide – Divorce help – Separation agreements – Power of attorney – Stock transfer form – Memorandum of association – Partnership agreement

Get the Fundamentals about Legal Recruiting and Services

What are legal recruiting services? These services perform as mediators between the job aspirant and the companies-for-hiring. How unlike are they from job placement services or job agencies? These recruiting services specialize in legal requests and legal requirements of law firms and companies searching for legal personnels, such as attorneys and counsels, senior legal officers and legal management officers.

How helpful are they? Because a lot of lawyers are created in a year, the competition on getting positions in giant companies and law firms is becoming more stringent. Especially for young law graduates, for instance, what luck could they get when rivaled with a well-seasoned lawyer? On the other hand, companies and law firms can have different needs and requirements depending on the situation and the type of the operation. Therefore they bank on legal recruiting services that have experienced recruiting teams who would not only extend them a list of potential proficient candidates, but candidates who are actually proper and well-trained for the responsibility.

Now and again, there might be a higher probability of having a fresh graduate rather than an experienced staff attorney because of the qualifications of the candidate in question. Most of the mistakes of other recruiting services for that matter are disregarding the qualifications or the nature of the competency of the aspirant parallel to the description of the job position in vacancy. Or, they could consider the history and latest activities heavily over the viability of the applicant in question that might in fact be more significant for what the responsibility entails.

In short, these recruiting services do not only count up the references and undertakings of the job aspirant but assess also his or her expertise in terms of his or her characteristics, his or her social skills, how fully he or she adapts to the stress and the new environment-all aspects that could make him or her pass as a well-rounded job applicant.

How do they carry out the search service? The recruiting group will create the job description, and afterward direct the search process to the exact demographics. In line with this, the committee will carry out a thorough and assertive targeted search operation that will entitle them to get the most likely and certified job candidates. Next follows the screening and the interview procedure of the applicants, profiling and lastly seeing to it that the hiring progression and the assimilation is successfully made. This operation is a certified approach that has been tested and proven for many of time to other companies and client law firms.

How to select the trusted legal recruiting service? Check the success percentage of the service. Learn personal opinion and personal references in order to reap a tantamount evidence that would aid you decide whether to take or decline this service. Look at reviews and review their policies thoroughly. Appraise their network and how extensive the breadth of their contacts is. The reason for this is, if they have a broad network, they can give you a job quick and easy.

Your Path To A Law Career

Only physicians and college professors require more education than lawyers. So, if you want to be a lawyer, you’ll need to invest four years in college and three more years afterwards.

The path begins in high school. Students aspiring to the profession of law should work especially diligently in English classes to develop skills in communication, analysis, and the formulation of arguments; the core skills every lawyer needs. Those who aspire to be trial lawyers might want to consider becoming involved in theatre or debate, both of which offer opportunities for significant skills development.

The next step on the road to becoming a lawyer is college. Contrary to popular belief, it is not necessary to major in pre-law or political science, but good grades are important, as top law schools are highly selective.

Once you graduate from college, you must take the Law School Admissions Test (LSAT). It measures logical thinking skills, analytical reasoning, reading comprehension, and writing ability. Because LSAT scores play an important role in law school admission, many law school applicants take preparatory classes before taking the test.

It’s best to choose at least four to six law schools to apply to. A minimum of two should be institutions to which your grades and LSAT scores would seem to ensure your admission.

While in law school, most students spend some time working in the field to help them develop professional contacts and decide which specialty area(s) are of the greatest interest to them.

Once you finish law school, you’ll need to prepare for and pass the state Bar exam. The Bar will test your knowledge of state and federal law. Once you If you pass it, you’ll be licensed to practice law in your state (and perhaps in some others).

There’s no quick and easy way to become a lawyer. But, there are good reasons why so many people complete the rigorous path to a career in law. In addition to relatively high earnings, lawyers enjoy the opportunity to practice in many specialties (criminal, civil, international, and copyright law, for example), to work in business, or to serve in govenment and political posts.

Sovereignty and Conflicts

Once governments are seen as representatives of those whose consent they have obtained, an entirely new question arises: What powers have the people consented to delegate to their representatives? To a constitutional lawyer, this issue is strangely absent from much international law. One of the core elements of constitutionalism is that there must be constitutional authority for every action by a public body. This is reinforced by the ‘closure rule’ in public law that: ‘whatever is not permitted is prohibited’.

Domestically, this principle is sometimes reconciled with sovereignty by seeing the people as sovereign and the only power a public body has is that which has been specifically authorized by the constitution which has been agreed (or at least accepted) by the sovereign people. Raising such questions means that the international community would have to take domestic constitutions seriously. State international representatives would be seen as just that: representatives, with only the power they have been given. In some cases, different constitutionally endorsed bodies might be authorized to exercise different elements of the people sovereign power.

Methodologically, the question of what powers public bodies exercise will become a matter of international as well as domestic constitutional law. This will automatically introduce critical elements of domestic constitutional content and doctrine into international law. In the other direction, the actual limitations on state power caused by globalization and the increasing domestic reach of treaties will mean that international doctrine and methodology will infuse domestic law in all forms. As the walls between states break down so will the walls between domestic public law and public international law.

By the same token, the growing reach of international business and the growing recognition of international agencies mean that public and private international law will be increasingly linked. Domestic corporate law will at least be linked, and probably fused, with the new emerging global public law. If anything, it actively encourages human rights abuses by rewarding the successful exercise of force to secure dominion over a particular territory. It rewards those who mount anti-democratic coups. It rewards those who rig elections. It rewards those who intimidate the population or who rule through and for one ethnic or social group against others.

If sovereignty is seen as extending only over those to whom the sovereign power is democratically accountable, then this principle provides members of any group over which that sovereign power is claimed a right to democratic participation. It also accords a right to those who have been excluded to democratic participation in that or another state. Sovereignty is no longer the recognition of a power over a people but the collective right of a people to participate in, and benefit from, an independent political community, participating as an equal in the community of nations. To put it another way, sovereignty becomes a human right.

The fact that the group in power is only seen as representing those whose consent it has sought and to whom it is accountable has important consequences for international legal personality. Initially only states had international legal personality. The above paradigm shift would change the nature of the international legal personality of states. The excluded groups consent is not sought and to who the group in power is not accountable have a right to demand full participation in the processes by which consent is sought and accountability delivered. If that right is denied, then the group in power does not have the right to represent them in the international community. This provides a lacuna which the excluded people have a right to fill and gives those who represent the excluded a particularly important right to be heard. A form of international legal personality has to be extended to such representatives. If the group in power prevents the emergence of such groups, the right to be heard is not extinguished; the individual members of the excluded group retain it. The attempt to silence the representatives of excluded groups would only have the effect of giving every member of the excluded group a right to be heard in international forums.

Your Lemon Law Rights, Warranty Or No Warranty

It is evident that lemon laws are needed worse than ever. There are still many people out there who do not know enough about the lemon laws that exist today. There are also many states in this country that want to push for legislation. Following in the footsteps of many other states, Oklahoma is now pushing through legislation to expand their current lemon law. Under the proposed legislation, a consumer who bought a defective vehicle would have the option of a refund or a replacement vehicle of a similar type if persistent problems developed in the first year of ownership, and would apply to new vehicles that had less than 15,000 miles on them during the first year of ownership. To qualify, a vehicle owner would have to bring the vehicle back to the dealer if a problem develops, and because the vehicle would still be under warranty, it would be a way to notify the manufacturer of the problem.

Laws such as these raise questions in the minds of many consumers, however. What are their rights under warranty, and what if the warranty expires before problems are fixed?

There are two main categories of warranties, called full and limited, explained by leading California lemon law attorney Norman Taylor. A full warranty imposes many requirements on the manufacturer, including a requirement that the manufacturer replace a defective product after a reasonable opportunity to repair it. Unfortunately, however, most manufacturers only provide limited warranties.

Questions on whether or not your warranty covers specific issues are best answered by a qualified lemon law attorney. There are many legal factors that apply in addition to a warranty when it comes to defective vehicles, and warranty or no warranty you still have rights under the law.

If a warranty expires before a dealer or manufacturer has corrected persistent defects, the manufacturers duty usually continues beyond the warranty period. In some states, including California, when a defect appears during the warranty but repair attempts fail to correct the defect, the warranty period is extended until the defect has actually been fixed, said Taylor. This rule was established to prevent manufacturers from performing band-aid repairs, designed to address the defect only until the warranty expires, and then saying, we have no further obligation. The law requires a permanent cure.

If you feel you have purchased a lemon, you should contact a qualified lemon law attorney right away for consultation.

About Us

Norman F. Taylor and Associates have been assisting consumers since 1987. At Norman Taylor & Associates, the goal is to provide clients with the highest quality of legal representation if theyre one of the unfortunate residents of California whove had the misfortune of purchasing defective vehicles or goods and who have recourse under the Lemon Law. They represent consumers in Los Angeles, Orange, Riverside, San Bernardino, Ventura and Santa Barbara counties. With a twenty two year history of successful cases, Norman Taylor & Associates has established their reputation as a firm of consumer advocates that get the job done.