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.
|
|
 |
|
Thailand
Legal News Updates:
|
NEWS : |
Review Meeting for Retail Act Called Off
29 December 2007
The Commerce Ministry has concerns that the Retail Act, the first act of this kind in Thailand, will not be passed in the near future because the review meeting of the act by House committee members was called off abruptly by Wissanu Krea-ngam, chairman of the House committee. The act would serve to protect consumers from large retailers monopolizing the retail market with exorbitant pricing. The government has plans to enforce the Competition Act, passed in 1999, having applicability to Thailand company law and covering market dominance, merger and acquisition, price and trade collusion, and unfair trade practices, to ensure the protection of consumers. |
New Regulation for Migrants
12 January 2008
The new draft migrant bill has been approved by the National Legislative Assembly representing a change in Thai labor law which will affect the status of migrants in Thailand. While awaiting repatriation, migrant workers will now be allowed to work, provided they apply for permits. Director-General of the Employment Department Manoon Punyakiriyakorn reportedly stated that permitting migrants to work would ease the financial burden on the Thai government of providing for migrants in the duration prior to repatriation.
The new law specifies that employers of migrants must pay a fee per migrant. In cases where employers exaggerate the number of migrant workers needed, they would be charged a heavier fee.
The new Thailand labor law gives labor officials authority to immediately arrest a migrant worker for an unlawful act, without a need for court order or assistance from police, on the condition that the illegal action occurs in the presence of labor officials. The law authorizes immediate arrest by labor officials in contrast to the previous lengthy process of waiting for a court order which gave migrants an opportunity to flee arrest. According to sources, Adisorn Kerdmongkol, a human-rights advocate, views this aspect of the new law as providing a possible avenue for bribery amongst officials.
|
Cancellation of Extra-Curricular Educational Fees
1 Febuary 2008
Under the Thai constitution, requires the government is required to provide free education for children aged 12 years and below. In line with the constitution's mandate, Education Minister Wijit Srisa-an has reportedly cancelled fees for children's extra curricular activities, viewing this as a breach of the constitution. This movement supersedes the December 15th regulation allowing schools to collect extra curricular fees. The minister has also reportedly banned any donations required by schools, alumni associations, and parents and teachers associations for student admission and has stated that the Education Ministry will withdraw support for schools soliciting donations during the next academic year.
|
|
|
| |
|
