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 : |
Alien Worker Act B.E. 2551 (2008)
2 May 2008
The new Act, specifying alien work permit conditions and fees in Thailand, was announced in the Royal Gazette on 22 February 2008.
The following are some key provisions of the New Act:
- The new Act imposes a fine ranging from 2,000 to 100,000 baht upon a violating [foreign] employee, increased from 5,000 baht, and/or a five-year term of imprisonment, increased from three years.
- An employer hiring an alien without a work permit will face a fine of 10,000 to 100,000 baht, although the former three-year imprisonment has been eliminated.
- Labour officials are authorized to arrest (without a warrant) any alien suspected of working without a work permit.
- The new law will allow any alien worker who pleads guilty and voluntarily leaves Thailand within 30 days to be fined without a trial
- A work permit of up to two years may be granted instead of one year under the old law.
- A work permit will no longer be tied to the duration of stay that is stamped on an alien's passport. In other words, work permit holders who do not have a one-year duration of stay will not need to keep extending their work permits by leaving and returning to Thailand on a "visa runs."
- The new work permit fee is 20,000 baht. Annual renewal will cost the same. In addition, any employer applying to hire alien employees who are not deemed skilled or expert will be charged a 10,000 baht fee per alien.
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Thai Students in Australia no Longer Need Work Permits
2 May 2008
In order to streamline the processing of Thai student visas and make the best use of human resources, Chris Evans, the Australian Immigration and Citizenship Minister, stated that Thai students can work part-time in Australia without applying for a work permit as previously. The new procedure went into effect on 26 April 2008. Visa information will now be stored electronically for perusal by all related parties. He explained: "The advantage of the online service is that it allows employers, government agencies, education providers and the visa holders themselves to check visa conditions themselves to check visa conditions such as the expiry date, work and study restrictions."
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Treasury Department to Lease Land for Rice Production
2 May 2008
In order to increase supply of rice and biofuel crops, the Treasury Department has plans to lease 1 million rai to farmers by 2011 at a cost of 20 Baht per rai annually and on a contract basis. The Treasury Department, in correlation with the Agriculture Ministry, will review the list of eligible farmers for allocation of land, mostly concentrated in the provinces of Kanchanaburi, Nakhon Ratchasima, Surat Thani, Kalasin, and Ratchaburi, according to media sources
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Changes to the Land Code
2 May 2008
A permit for sale of Thailand land plots in Thailand is no longer a requirement under the Land Code, provided certain conditions are met. The announcement was made in the Royal Gazette of 13 February 2008, having taken effect on 14 February 2008. Previously, two separate permits had to be filed at the Land Department, one for sale of land and the other for apportioning the land by lots. The current law cancels the need for a permit to sell land, but requires a permit to apportion land. The law applies to an operation's purchase and sale of land for the purpose of gaining profit and includes exchanging and hire-purchasing the land.
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