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 : |
Electronic Changes to Thai Customs Procedures
23 April 2008
The Customs Department implemented an electronic system, aimed at reducing steps in customs procedures, having taken effect on 1 May 2008. The system will be accessible at ports and entry points such as Laem Chabang, Klong Toei, and Savarnabhumi Airport. The electronic system cancels the need for paper invoices used by port officers and links customs information to other government agencies. The system will eventually allow importers and exporters to view information such as licenses issued by government ministries electronically. |
Thailand Placed on the Priority Watch List for Copyright Infringement
28 April 2008
Thailand has been added to the United States Priority Watch List for copyright infringement this year. Media sources report that Thai officials had hoped that Thailand would be placed on another list, the Watch List, for countries committing lesser offenses, adding that Thailand had confiscated millions of illegal items and punished 7,000 copyright pirates. The US, on the other hand, after reviewing the state of Thailand's law enforcement of intellectual property rights, stated that rights protection had deteriorated the past year. Thailand's issuing of compulsory licenses for US patented HIV/AIDS medications, has been cited as contributory in the decision of the US to place Thailand on the Priority Watch List for close monitoring.
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Safeguard Measures Act
30 April 2008
In efforts to protect Thai businesses from negative impacts from increased imports, the Ministry of Commerce has implemented the Safeguard Measures Act, effective from 6 April 2008. The provisions of the act include stricter conditions on imports and tariffs and serve as a support for local businesses by allowing a period of adjustment after a free trade agreement takes effect, but is not intended to disrupt free trade and does not violate World Trade Organization standards according to a Ministry spokesperson. As the act is in its infancy and unclear to many people, the Ministry of Commerce has plans to facilitate greater understanding of the new law. Interested persons can contact the Ministry of Commerce for more information at Bureau of Import Administration, Department of Foreign Trade, Ministry of Commerce, Hot Line 1385, Website: www.dft.go.th
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