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 : |
Stock Exchange of Thailand Scraps Prohibition
22 May 2008
The Stock Exchange of Thailand (SET) announced its plans to scrap prohibitions on net settlement, intraday trading, and margin loans to benefit investors and promote international competitiveness. The new regulation will take effect on 1 July 2008. The SET had put in place the prohibition to control speculative trading.
Investors must use funds from a cash balance if intending to trade stocks announced by the SET in the turnover list. Stocks placed by the SET on this list are considered highly speculative. |
Revenue Rate Reduction to Stimulate the Thai Economy
23 May 2008
The Thai government has reduced the tax rate for real estate developers by decreasing the revenue rate for sale of real estate, with a view to promoting the real estate industry. Based on section 91/6 (3) of the Revenue Code, the revenue rate has been reduced from 3% to 0.1% for property purchase prior to any reductions. This reduction in revenue applies only to sales or sales for profit of real estate property under section 91/5 (6). The act took effect on 29 March 2008 and will be in effect for a period of one year from this date. |
Fast-Track Service at Airport
23 May 2008
Foreign investors winning Thailand Board of Investment's tax incentives can now use the fast-track service at Suvarnabhumi Airport, similar to Apec and Elite card holders. Investors without a BOI stamp in their passport can avail themselves of the fast-track service provided they inform BOI seven days in advance of their arrival. Media sources report BOI secretary-general Satit Chanjavanakul as saying: "This fast-track facility demonstrates our determination to promote foreign investment during Thailand Investment Year 2008-2009."
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Patent for Full Moon Party
26 May 2008
Media sources report that Commerce Minister and Deputy Prime Minister Mingkwan Saengsuwan has intentions of patenting the Full Moon Party as a way of promoting a distinctive Thai celebration, albeit new, and a means of drawing foreign tourists to Thailand. The Full Moon Party is an all-night beach party, held on the island of Koh Phangan, Surat Thani province, and takes place on every full moon. Some critics have stated that a patent is not a legal option for the Full Moon Party because it is not an artistic work, an invention, or a traditional custom.
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Vietnamese Government to Allow Foreigners to Buy Condominiums
29 May 2008
The National Assembly of Vietnam passed a resolution allowing foreigners to own a condominium unit, but not a house, for a trial period of five years. The resolution will take effect next year. Foreigners who wish to buy a condominium unit must fulfill certain governmental requirements. To be eligible, they must be married to a Vietnamese national, possess skills beneficial to the country, or have contributed to the development of the country. The foreigner may own a condo for a period of 50 years, but then has to sell it or donate it. There are an estimated 21,000 foreigners out of 80,000 in Vietnam eligible to buy a condominium according to the Vietnam News Agency. |
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