Legal landscape of trust law in Thailand: the fading twilight of common law trusts and the sunrise of statutory trusts

Abstract

The creation of trusts in Thailand was strictly prohibited by the adoption of the Civil and Commercial Code in 1935. However, this civil law jurisdiction is currently home to a number of trusts: those created prior to 1935 in accordance with English law and trusts for use in capital markets, a statutory exception introduced in 2008. With a bill introducing trusts for personal asset management in the legislative pipeline, this article presents a timely overview of this little-known but evolving trust law landscape.