Procedural Substitution upon Death of Injured Party
Mr. Swing and Ms. Ladda cohabited as husband and wife without registering their marriage and had one son together, aged 12. Subsequently, Ms. Ladda was physically assaulted by Mr. Sawai. Ms. Ladda authorized Mr. Swing to initiate legal proceedings on her behalf.
While the case was pending during the appellate stage, Ms. Ladda passed away.
Legal Issue:
How should the proceedings be continued following the death of the injured party?
Legal Analysis:
Upon the death of Ms. Ladda, the right to continue the proceedings devolves upon her heir. In this case, her 12-year-old son qualifies as a statutory heir. However, as the heir is a minor, he lacks legal capacity to conduct litigation independently.
Pursuant to Section 29 of the Civil and Commercial Code of Thailand, a minor must be represented by a legal guardian in judicial proceedings. Mr. Swing, as the father exercising parental power over the child, is entitled to act on behalf of the minor.
Conclusion:
A motion should be filed requesting the court to substitute the minor son as a successor party to the case, with Mr. Swing acting as his legal representative under parental authority.