Supreme Court Opinions |
DIVORCE
• 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
• 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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Thailand
Legal News Updates:
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NEWS : |
Deposit Insurance Act
24 June 2008
The Deposit Insurance Act, taking effect on 13 February 2008, establishes a Deposit Insurance Agency to guarantee depositors' funds in the event of a bank bankruptcy. The Agency will reduce the amount insured for each depositor for all deposits insured in the first year, to a maximum insured of 100 million baht the second year, 50 million baht the third year, 10 million baht the fourth year, and 1 million baht the fifth year. According to sources, the act is perceived by many as a means of strengthening consumer confidence in the Thailand financial system.
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Suppression on Counterfeit Goods
26 June 2008
The Intellectual Property Department has announced an extensive suppression campaign on counterfeit goods starting in July 2008, with target areas being Bangkok, and tourist areas of Chiang Mai, Chon Buri, Surat Thani, Phuket, Songkhla, Krabi, and Prachuap Khiri Khan. The Department has allocated 15 million baht to the project and will ask the government for another 50 million baht for next year. Deputy Commerce Minister Banyin Tangpaporn has stated that the suppression campaign will boost Thailand's image internationally and be a force for economic growth according to sources.
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Preah Vihear Temple Controversy
1 July 2008
Cambodia intends to go ahead with the listing of Preah Vihear temple as a World Heritage site, despite the Thai court's injuction against the government's resolution of support on 17 June. The government and Foreign Minister Noppadol Pattama had earlier given support to Cambodia's listing of the site according to Cambodia's application document to UNESCO for registration. Members of Parliament, academics, and others opposed the action, perceiving the action as a threat to territorial claims and disputed sovereignty, and as a possible violation of the Constitution, as the government endorsed the Thai-Cambodian communiqué, which may be interpreted as a treaty, without having received approval from Parliament. The Court recently overturned the government's earlier decision of support and the government will abide by the court's orders.
The temple has been the focus of territorial ownership rights between Thailand and Cambodia for over half a century. In 1959 Cambodia took the issue to court and the International Court of Justice ruled in 1962 that the temple was situated in the territory of Cambodia. Thai soldiers occupying sections of the temple and even the Thai flag were evacuated in that year. Questions were raised at that time regarding the extent of Cambodia's sovereignty, and if it encompassed the temple only or the temple base and surrounding area of 250,000 square meters, which was under Thailand's sovereignty. Subsequent to the ruling, Thanat Khoman, Foreign Minister at the time, stated in a letter to the United Nations that Thailand disputes the ruling and has the right to regain sovereignty over the temple and challenge the decision of the International Court at a future date, although the map annexed to the letter stated that Thailand had relinquished sovereignty over the temple. The military Survey Department and other governmental departments assumed that Thailand had relinquished sovereignty over the temple based on the map. Cambodia's application to list the temple as a World Heritage site has caused questions over sovereignty to resurface. The UNESCO World Heritage Committee will review requests for listing in Quebec, Canada, starting on 2 July 2008.
To review the International Court ruling document on the territorial ownership of the Preah Vihear temple, click here. |
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