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 : |
Breach of Land Mine Ban
20 October 2008
The Thai government has requested the Cambodian authorities to investigate if any person has breached the Ottawa Convention to Ban Anti-Personnel Landmines of 1997 after a land mine incident injured Thai soldiers near the Thai-Cambodia border on 6 October. The government viewed the incident with dismay as it was a potential breach of the legislation banning anti-personal landmines.
The Cambodian government presented a report to the Secretary General of the United Nations in 2002 indicating that 240 PMN2 land mines from a total of 3,405 were transferred from the Interior Ministry to the Cambodian Mine Action Centre for training and developmental purposes. This type of land mine exploded when two Thai soldiers stepped on them on Thai territory north of Phu Ma Khua, near the disputed Preah Vihear temple. The soldiers lost limbs as a result. The mines are believed to be newly planted as rust had not formed on them according to the Thai Mines Action Centre and other organizations.
Director General of the Thai Foreign Ministry's East Asian Affairs Department Anuson Shinwanno consequently summoned the Cambodian charge d'affaires Ouk Sophoin to the Ministry to receive an aid-memoire last week. The aid-memoire pertained to the foregoing incident.
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Stock Exchange Commission of Thailand to Ease Stock Rules
20 October 2008
The SEC will endeavor to obtain approval for easing of treasury-stock regulations to aid in the prices of principal stocks. In the event the request is approved, major shareholders will be permitted to buy back shares under the new regulations. Additionally, mandatory tender offer rules when shareholding surpasses 25 percent, 50 percent, and 75 percent, will be relaxed. The measures are to bolster local stock prices from the repercussions of the financial crisis
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Bank of Thailand 's Policy Unchanged for Bank Deposits
18 October 2008
Amid the global stock market crisis, the Bank of Thailand stated yesterday that the Bank's policy for guaranteeing bank deposits, implemented through the Deposit Protection Agency Act which became effective last August, remains unchanged. The Act guarantees 100% of bank deposits from now until August 2009. In August the guarantee decreases to 100 million baht per person per bank, 50 million baht the successive year, then 10 million baht, and finally 1 million baht per person per bank in the fourth year.
Malaysia and Singapore have announced guarantees on all bank deposits until the end of 2010 to enhance investor confidence in their financial institutions.
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Senate Endorses Draft for Establishment of NBTC
16 October 2008
The Science and Telecommunications Technology Committee of the Senate has endorsed its own draft for the establishment of the National Broadcasting and Telecommunications Commission (NBTC) in an effort to refine the Information and Communications Technology Ministry's draft following criticism the Ministry received on its initial draft. Both drafts will be reviewed and combined into law prescribing the establishment of the NBTC.
The new Ministry draft law provides for appointment of 10 members selected from nominees appointed by relevant organizations. Previous drafts were criticized for members of the NTBC being solely appointed by the Information and Communications Technology Ministry. |
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