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 : |
US Enforces Ban of Burmese Gems
28 October 2008
The United States has started to enforce legislation prohibiting US retailers from purchasing gems originating in Burma because of human rights violations by the Burmese government. The legislation closes a loophole in a law enacted in 2003 banning imports of Burmese goods into the US. The legislation was approved in July yet allowed for a grace period which ended on the weekend.
Some rights groups state that Burmese gems have entered the US through countries such as Thailand, Malaysia, China, Taiwan, and Singapore, despite the ban. |
Draft Retail and Wholesale Business Act for Review by Parliament
27 October 2008
The Commerce Ministry will propose a draft Retail and Wholesale Business Act for Cabinet Approval tomorrow. The legislation is intended to provide smaller retailers greater benefits in competing with large retail stores.
The Surayud government's time in power was of short duration and so the National Legislative Assembly was not able to review the proposed draft retail act in time. On the other hand, the Thaksin government rejected the legislation in 2004, according to media sources.
Retail giants expanded from 6,191 branches last year to 7,031 during the first nine months of this year. Large retailers opening new branches the most are Tesco Lotus, Big C, Carrefour and Makro. The expansion of large retailers is worrisome to small retailers as the large retailers, with their ability to sell goods at cheap prices, tend to dominate the market and crowd out small retailers, stated a source. |
Melamine Contamination in Milk and Milk-Based Products
23 October 2008
The Thailand Food and Drug Administration is to issue new regulations limiting the level of the chemical melamine in milk and milk-based products after large numbers of Chinese babies became sick and four consequently died from consuming milk containing high levels of melamine. The new regulations are expected to be announced next week.
Current levels of melamine allowed for human consumption in Thailand are not to exceed 1 milligram per kilogram for milk powder and drinking milk products and not to exceed 2.5 milligram per kilo for milk-based food products such as cookies and chocolate.
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Malaysia to Institute Measures to Boost Economy
21 October 2008
The government of Malaysia will review and ease rules on purchase of property and industrial land in efforts to deal with the current financial crunch said Malaysia's Finance Minister and Deputy Prime Minister Datuk Seri Najib Tun Razak. The legislation may enable foreigners to invent in Malaysian real estate more easily. The government has announced plans to lighten investment rules to boost economic growth and the country's competitiveness. Consequently, the size of Valuecap, Malaysia's government regulated asset manager, will be doubled to 10 billion ringgit (97.49 billion baht), to sustain the stock market. Initiatives to liberalise the services industry is also on the way.
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