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 : |
Thailand Elite Card Membership Fees Drastically Reduced
25 Sep 2008
Thailand Privilege Card (TPC), issuer of the Thailand Elite Card, intends to drastically lower membership fees by 1 million baht to increase sales in the next six months according to media sources. Beginning this month, the discounted fee for foreigners would be reduced from 3 million to 2 million baht. Each membership can be used by two persons, with a limit for spas and limousines of 24 times per year. The card is non-transferrable. This special promotion will expire in 6 months' time.
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Tax for U.S. Expatriates
23 Sep 2008
New US tax rules under the "Heart Act" apply to high net worth individuals who give up their US citizenship and certain long-term U.S. residents (i.e., green card holders) who terminate their U.S. residence. The so-called ‘mark-to-market' tax applies to the net unrealized gain on the expatriate's worldwide assets as if such property were sold (the "deemed sale") for its fair market value on the day before the expatriation date. Any net gain on this deemed sale in excess of US$600,000 is subject to taxation by the US government.
Non-U.S. nationals who are considering emigrating to the US or obtaining US permanent residence should consider carefully before doing so as the tax burden of leaving the U.S. in the future may be very high.
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EU Intends to Sign Amity
15 Sep 2008
The European Union intends to sign the Treaty of Amity and Cooperation with Asean next year at the Asean EU meeting in Phnom Penh , based on media sources. Countries abiding by the treaty agree to respect the independence and sovereignty of all nations. Furthermore, the French Ambassador to Thailand, Laurent Bili, explained that the EU wishes to negotiate a bilateral free-trade agreement with Thailand despite of the political unrest the Kingdom is experiencing. |
Council of State Reviews Compulsory Licensing of Cancer Drug
12 Sep 2008
The Council of State is investigating the government's compulsory licensing (CL) of the cancer drug docetaxel after a drug company that produces the drug on 9 June demanded the Thai government review the legality of CL and the imports of generic versions of the drug under the Intellectual Property Act. The government pharmaceutical organization chairman Vichai Chokviwat yesterday explained the process to the Council and the reasons for CL. He stated that CL complied with national laws and was not for the purpose of commercial gain. |
Privileges Afforded Asean Staff
11 Sep 2008
Parliament approved the immunity law and other privileges for staff and permanent representatives of the Asean Secretariat. Although Thailand has signed the 2007 Asean Charter as has the other nine member countries, Thailand has yet to ratify it. The government's passing of the immunity law will enable Thailand to ratify the charter, according to Secretary General Surin Pitsuwan. The 55-article charter will, reportedly, make Asean a more effective organization with a stronger legal foundation and a clearer purpose. |
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