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 : |
Retirement Pension Fund
14 October 2008
A proposal under consideration by the Revenue Department would permit retirees to continue investing in their retirement funds after they retire. Retirees of the Government Pension Fund or voluntary provident funds will be able to maintain their funds savings without tax liability for capital gains taxes or subsequent withdrawals, according to media sources.
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Parliament Approves Asean-Japan Free Trade Agreement
13 October 2008
The Thai Parliament voted in favor of the Asean-Japan Comprehensive Economic Partnership (AJCEP) agreement, or Asean-Japan free trade agreement by a vote of 432 to 31, according to media sources. However, some prominent politicians have expressed concern that the agreement will open Thailand to dumping of toxic waste from Japan if Thailand imported inferior quality or used products from there. They have also mentioned that developing nations experience difficulty in managing its waste disposal and feared that Thailand may become a dumping site for these nations. |
Anti-Human Trafficking Act 2008
12 October 2008
Fifty public prosecutors from the upper southern provinces attended a seminar on human trafficking last month regarding the new 2008 Anti-Human Trafficking Act, which took effect on 8 June 2008. This new Act replaced the 1997 Measures in Prevention and Suppression of Trafficking in Women and Children Act which protected the rights of women and children specifically, whereas the new Act covers all persons.
The Act also purposes to prevent and suppress various activities related to human trafficking, namely the attaining and trafficking of persons in and out of Thailand for prostitution, slave labour, begging, organ amputation for profit, or other forms of exploitation.
The new law affords the establishment of a fund to prevent, suppress, and aid victims of trafficking.
Penalties under the new Act are more severe than under the former Act. Any person found guilty will be subject to imprisonment of 4 to 10 years and fined between 80,000 - 200,000 baht. The trafficking of children under 15 carries harsher penalties. |
Beggar Control Bill
2 October 2008
Cabinet has approved the Beggar Control Bill and the bill awaits a vote in Parliament. The proposed bill is intended to control the problem of beggars more effectively, and if passed will replace the Beggar Control Act, effective from 1941. The bill permits local organizations to issue licenses and work permits to beggars in their jurisdiction. Beggars are those who can prove that they are disabled, uncared for elderly, underprivileged and homeless. Unregistered beggars will face a fine of 6,000 baht or a three-month prison term or both.
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