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 : |
Minimum Wage to Rise
3 May 2008
With inflationary pressures affecting Thai workers and to offset the rising costs of diesel and other essential goods, the rise in minimum wage will take effect on 1 June 2008 according to the Labor Ministry. The rise will be from 2-11 Baht per day, with Chiang Rai workers to receive a rise of 11 Baht, workers in Bangkok 9 Baht, and workers in Sukhothai, Uttaradit and Chaiyaphum 2 Baht. |
New Regulation for Samut Prakan Plants
6 May 2008
The Industrial Works Department intends to ban manufacturing plants in Samut Prakan from releasing treated wastewater into the Chao Phraya River or expanding their operations in efforts to protect the environment. The department had allowed manufacturing plants to discharge treated wastewater into the river but the new regulation would prohibit the action. The new regulation will be enforced in Samut Prakan, and possibly followed by 9 other provinces where the Chao Phraya River flows. Kasetsart has been employed to consider the effects of industrial expansion to the environment in the 9 provinces. The new regulation will be proposed to Cabinet in September 2008. |
Ban on Cellular Phones on Roads
9 May 2008
The ban on cellular phone use by motorists and motorcyclists went into effect on 8 May, to be enforceable and punishable by law on 20 May. During the grace period, between 8-19 May, violators will be warned only. This will change from 20 May onwards as violators will be subject to fines of from 400-1,000 Baht. Cameras have been installed at intersections and highways to implicate law breakers. Police may send a photo and ticket to the homes of violators ordering payment of fines within 15 days time. If payment is not made within the time specified, this may lead to suspension of a driving license. Using cellular phones while waiting for the traffic lights to change is also prohibited, although use of hands-free phones is permitted. |
Newly Formatted Identity Cards
13 May 2008
The Interior Ministry's newly formatted identity cards were issued to district offices in Bangkok and will be available for millions of Thais at a later date. The cards save two times more information and are harder to counterfeit than the older version. The cards display information from government agencies - such as the Health Insurance Office and the Veteran Welfare Office - making it easier to contact government agencies |
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