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Supreme Court Opinions

DIVORCE
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Mrs.Thidatip Srirun vs. Mr. Lerts Srirun

The plaintiff registered her marriage with the first defendant, who thereafter registered a subsequent marriage with the second defendant and lived with the second defendant as husband and wife although the first defendant and the plaintiff had not yet divorced. The plaintiff filed a divorce in Thailand and claims for right to child support payment from the first defendant. The Supreme Court overturned the ruling of the Appellate Court on child support payment issues in this case.

CONDOMINIUM
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Miss Napit Injan vs. Sabkeaw Co., Ltd

The plaintiff (buyer) did not make the transfer of condominium ownership within the specified time as stated in the letter the defendant (seller) claimed was sent to the plaintiff, yet the defendant made another appointment to transfer ownership of the condominium unit at a later date, and permitted the plaintiff to inspect the cracks in the wall of the disputed unit. The court finds that, although the defendant's letter stated that the agreement would be terminated if the transfer of ownership was not made in the specified period, the agreement was not invalidated in this instance as the defendant's actions were indicative of the defendant's intentions to sell the condominium unit.

ADVERSE POSSESSION OF LAND

Mrs. Payoun Keawketthong et al. vs. Mr. Kamol Tanangsanakul by acting representatives Mr. Koukert Tanangsanakul et al.

Adverse possession of the land of another person, permitted according to section 1382 of the Civil and Commercial Code, is subject to possession of land with a title deed only and based on the condition that the trespasser must have resided on the land for a continuous period of 10 years or more. Based on this condition, the defendants were deemed not entitled to ownership of the disputed land.

 
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NEWS :

China and Asean Endeavor to Close Deal

29 Aug 2008

TThe Investment Agreement between China and Asean is planned to be finalized by December according to media sources. The agreement will form a part of the free-trade deal covering commodities and services. Economic ministers report on the "substantive progress" of the Agreement.


Senate's Input to the Formulation of the National Broadcasting and Telecommunications Commission

27 Aug 2008

The Senate will submit its version of the law guiding the formulation of the soon-to-be National Broadcasting and Telecommunications Commission, an independent body with authority to regulate the broadcasting industry by next month, according to media sources. The Senate's draft requires 11 members of the NBTC, whereas the Information and Communications Telecommunications Ministry's draft calls for 10 members. The Senate's draft requires that the representatives not work in the telecom and broadcasting business for 2 years prior to appointment, compared to the Ministry's 5 year requirement. The Senate requires submission of 22 names from organizations for review by Parliament who will select 11 persons for appointment. The Ministry requires submission of 20 names and the Ministry will select 10 from these to be appointed on the NBTC. This aspect of the Ministry's draft was perceived by some in a negative light and a possible means of political intervention in the selection of the NBTC body.


 
     
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