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ดุลพาห

(1) of the CPC provides a default rule that the complaint should be submitted to the
court in which the defendant is domiciled within its territorial jurisdiction (the first

alternative domicile) . According to Section 37 of the Civil and Commercial Code
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of Thailand, the domicile of a natural person points to the place where such person

has a principal residence. Secondly, the place where the defendant had a principal
residence at any place in Thailand within a period of two years before the date of

the submission of a complaint can be deemed as the defendant’s domicile (the second
alternative domicile) in a case where the defendant is not presently domiciled

in Thailand. Thirdly, in the absence of the above domiciles, if the defendant carries
out business or used to carry out business, in whole or in part, by himself or through

an agent or a liaison, in Thailand within a period of two years prior to the date of
the submission of a complaint, it can be deemed that the place used for carrying out

business, or the residence of an agent or liaison, is the domicile of the defendant for
the purpose of filing an action (the third alternative domicile) . The same rules are
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also applicable to a legal person defendant, but domicile means the place where such
a legal person has a principal office or establishment, or which has been selected as

a special domicile in a regulation or constitutive .
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30. Section 4 of the CPC:
“Except otherwise provided by law:
(1) the complaint shall be submitted to the Court in which the defendant is domiciled within its
territorial jurisdiction, or to the Court in which the cause of action occurs within its territorial jurisdiction,
whether the defendant would have a domicile in Thailand or not.”
31. Section 3 of the CPC:
“For the purpose of filing the complaint:
(2) in the case where the defendant is not domiciled within Thailand;
(a) if the defendant has ever been domiciled at any place in Thailand within the period of two
years before the date of submitting the complaint, such place shall be regarded as a domicile of defendant.
(b) if the defendant operates or has ever operated either a whole or part of transaction within
Thailand, irrespective of by himself or by an agent or by having any contacting person operating
such transaction within Thailand, it shall be regarded that the place, where is used or has ever used for
operating or contacting transaction, or the place, where is a residence of an agent or contacting person
on the date of submitting the complaint or prior to the period of two years, is a domicile of the defendant.”
32. Section 68 of the Civil and Commercial Code of Thailand.

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