Transcript of the above video: 

As the title of this video suggests, I get to do something I don't do very often here recently; I should do more of it. I actually enjoy it and I think the core audience if you will of this channel actually likes it when I do this kind of thing. This is Comparative Law and we are talking about the issue of bail, bailments, storage, and pledges under both Thai and Common Law and how these concepts are similar and different. This is Comparative Law, so it's sort of a comparison - contrast. 

So to begin with, I'm going to go over here to our own website legal.co.th, specifically under the Resources Section, and under there we have an English language translation of the Thai Civil and Commercial Code. Under Section 749: "The parties to a pledge may agree that the pledged property shall kept by a third person." 

So you get into issues associated with loans and pledges of collateral, pledges of movable property and what we would call in a Common Law context, 'Bailment'. And what is bail, or a bailor. That's the important part which would be somebody who could be a third party in a pledge arrangement or could be just a counterparty in a possible arrangement of two people. 

That said, this is from law.com, this is the dictionary; dictionary.law.com, under the entry 'bailor'. Quoting directly: "Noun. A person who leaves goods in the custody of another usually under a "contract of bailment". Now that's very much a Common Law term but it has an analog in the Thai System noted again under Section, specifically Section 749 here that I'm quoting from the Civil and Commercial Code, and that term in a kind of Thai transliteration of Thai Law would become something akin to a pledge or bailment in the Common Law vernacular. Quoting further: "In which the custodian, (bailee) is responsible for the safekeeping and return of the property. Sometimes the bailor is not the owner but a person who is a servant of the owner or a finder (say, of jewelry)," again third person can be party, counterparty, can be third-party beneficiary or third party involved or the actual bailee is acting as the third party. So, there are multiple permutations of how that could play. That said, quoting further: "Sometimes, the bailor is not the owner but a person who is a servant of the owner or a finder (say of jewelry) who places the goods with the bailee until the owner is found." So again, this is the notion of a third party who is holding something in a custodial capacity for another.

We assist in such services. There are certain Attorney Services out there wherein folks in both an American context can have bailment assistance from an American Attorney; there are also contexts here in Thailand where one could retain the services of a Thai individual to provide bail, what we would call in the Common Law vernacular "bailment" services as well. 

Now again, the specific facts of a given case are going to drive the legal analysis of how such relationships would work in practice. For those who find themselves in a situation where they may want to avail themselves of such services, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.