1 — บทวิเคราะห์ศัพท์

คำแปลภาษาไทย

In this Code, unless the context requires otherwise:
(1) "Court" means a Court of Justice or a judge having the power to try and adjudicate civil cases.
(2) "Case" means the proceedings from the moment a plaint is submitted to the court in order to have a right or duty recognized, protected, enforced, or exercised.
(3) "Plaint" means any proceeding by which the plaintiff submits a charge to the court, whether submitted orally or in writing, whether submitted to the court of first instance, the appellate court, or the Supreme Court, whether submitted at the commencement of a case by way of a plaint or a petition, or submitted afterwards by way of an additional or amended plaint, a counterclaim, or by intervention in the case, whether voluntary or compelled, or by a request for a new trial.
(4) "Answer" means any proceeding by which one party raises a defense in reply to the plaint as provided in this Code, other than a statement of argument.
(5) "Pleading" means all plaints, answers, or motions submitted to the court to establish the issues between the parties.
(6) "Statement of argument" means an argument, oral or in writing, made or submitted to the court by a party with the aim of presenting its opinion to the court on matters in issue raised in the pleadings, or on any question on which the court is to make an order or judgment, in which the party merely shows, restates, confirms, or explains the substance of the evidence and all questions of law and fact. A statement of argument may be included in a pleading.
(7) "Proceeding" means any act provided for in this Code relating to a case, done by a party to the case, or by the court, or by order of the court, whether done by a party to the court or to the other party, or by the court to any one party or to all parties, and includes the service of pleadings and other documents as provided in this Code.
(8) "Trial" means all proceedings in a given court before that court decides or disposes of the case by judgment or order.
(9) "Sitting for trial" means the court sitting in connection with the trial of a case, such as settlement of issues, examination of witnesses, conduct of an inquiry, hearing of the various motions, and hearing of oral statements of argument.
(10) "Date for taking evidence" means the date on which the court begins to take evidence.
(11) "Party" means a person who submits a plaint or who is sued before the court, and, for the purpose of conducting the proceedings, includes a person who has the right by law to act on behalf of such person, or in the capacity of an attorney.
(12) "Person under incapacity" means any person who lacks legal capacity, or whose capacity is limited, under the provisions of the Civil and Commercial Code on capacity.
(13) "Statutory representative" means a person who by law has the right to act on behalf of a person under incapacity, or who is the person that must give permission or consent to a person under incapacity to do any act.
(14) "Execution officer" means an officer attached to the Legal Execution Department, or another officer having power under the provisions of law in force, to carry out the methods provided in Book 4 of this Code in order to protect the rights of the parties during the trial, or to enforce a judgment or order, and includes a person assigned by an execution officer to act in their place.

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