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 : |
Alcohol Act Impractical
11 March 2008
Media sources report Prime Minister Samak Sundaravej's intentions to amend the Alcohol Act, passed by the National Legislative Assembly on 21 December 2007, because the act was "impractical". The Prime Minister reportedly stated: "Any laws that are impractical or impact negatively on the public should be revised." The act prohibited the sale of alcohol at trade fairs or promotional activities such as offering free drinks for sampling. Persuading a potential client by any means to purchase alcohol is unlawful according to this act. Consequently, a reduction in alcohol sales has been reported by the federation for liquor representative. The federation supports the Prime Minister's plans to amend the act. This is in contrast to the Public Network Against Alcohol Consumption's opposition to any amendments to the act and the Prime Minister's support of the amendments. |
Parents Penalized
27 March 2008
Parents could face a jail term of six months if their children are found racing motorcycles on the streets according to Justice Minister Sompong Amornwiwat. He reportedly stated: "Parents must cooperate. They buy the motorcycles and allow their children out at night without question." Motorcycle shops are being closely monitored because they are believed to be promoting the activity. |
Heavier Penalties for Sexual Offenses
29 March 2008
Beginning June 5, government officials and politicians committing sexual offenses with minors face a maximum imprisonment of 20 years, double the prison term previously, according to Saisuree Jutikul at the Social Development and Human Security Ministry. In addition, persons who intentionally maim minors under 15 years for the purpose of begging face imprisonment of a maximum of 15 years and/or a fine of 300,000 Baht
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Bar Owners Protest Regulation
29 March 2008
Unhappy bar owners in Pattaya protest Interior Minister Chalerm Yoobamrung's directive for all bars to close at 2:00 am. They fear the restriction may cast a negative light on the city in the eyes of foreign tourist as the city is renowned for its nightlife and may affect business. The night entertainment venue owners seek discussions with the Interior Minister on this issue. Prior to this order, bars were allowed to stay open until 4:00 am or later.
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New Court Fees
31 March 2008
The National Legislative Assembly approved the new act with modification to court fees on 30 Jan 2008. The new law takes effect on 30 April 2008. This act will change filing of all types of motions, complaints, and other court filings. more |
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