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 : |
CRIME Database System to Increase Police Efficiency
7 April 2008
By the middle of this year police in Thailand will utitlize the new Criminal Record Information and Management Enterprise Systems (CRIME) to increase efficiency and reduce time in police work. The internal database system, worth 294 million Baht, will help police access information on law violators quickly and expedite the issuance of arrest warrants. The database is accessible by Internet to police from anywhere in the country and allows police to request arrest warrants by emailing the courts directly. Around 1,500 police stations will have access to the database and the system will be implemented fully in 20 months. |
Amendments to Condominium Act
7 April 2008
Amendments to the Condominium Act were enacted on 27 February 2008 and will take effect on 4 July 2008. The amendments stipulate that developers must draft sale agreements based on the format of the Interior Ministry. If the contract is not in accordance to the format of the Ministry and serves to the disadvantage of the buyer, the contract will be revoked.
The amendments require that advertisements promoting sales of condominium units be a part of the sales agreement. Developers must keep a copy of all photo or text advertisements until all units are sold. The developers must provide at least one copy of all advertisements to the juristic person authorized to take care of the building. The photo or text advertisements must be in line with the details submitted when the request was made for registration and must specify details of public areas of the condominium project, with the exception of that stated in section 15 of the Condominium Act (B.E. 2522). If the advertisements conflict with the conditions stipulated in the contract, the interpretation will be to the benefit of the buyer.
If a Thai citizen owns a condominium in place of a foreigner or a foreign juristic person, even under conditions permitting a foreigner or a foreign juristic person to own a condominium, the penalty imposed will be imprisonment of not more than 2 years or a fine of not more than 20,000 Baht or both imprisonment and fine.
The amendments also control how a condominium juristic person functions and regulates how buyers can protect their rights. |
Land Department to Inspect Housing Estates
9 April 2008
The Land Department has plans to inspect 5,000 housing estates in Bangkok after receiving complaints from home buyers of eroding road surfaces, leaking road pipes, and substandard garbage and wastewater management systems. If the complaints are found legitimate, the responsible developers will be fined 1,000 Baht per day until measures to rectify the situation are taken. |
Government's Measures to Protect Domestic Rice Supplies
10 April 2008
To protect domestic rice supplies, the Commerce Ministry intends to implement more stringent controls on rice stocks by requiring that exporters and millers store 500 tonnes of rice in storehouses for domestic consumption if needed. In line with the government's plans, government officials have investigated storehouses of exporters and millers to check rice supplies. Media sources report that total stores of rice in the nation amount to 4.64 million tonnes. Of this 2.1 million tonnes are owned by the government, 835,700 tonnes held by exporters, 1.63 million tones by millers, and 72,000 tonnes by wholesale and other markets. To ensure domestic supplies, the government may use the military to guard rice supplies. |
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