Supreme Court Opinions |
THE GROUND FOR DIVORCETS
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi
The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.
SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse
The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.
The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.
ACKOWLEDGMENTS:
Thailand Law Forum would like to extend appreciation to Chaninat & Leeds for their support in translation of Supreme Court Case law for this issue. Managed by one of the most established American lawyers in Thailand, Chaninat & Leeds specializes in both family and business law.
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Thailand
Legal News Updates:
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NEWS : |
Property Tax
28 August 2009
Thailand’s proposed property tax will be submitted for Cabinet consideration next month according to media sources.
The proposed tax would impose an increased tax burden on owners of large, unused plots of land. The Thailand land law is intended to force large land holders with idle land to reduce their property holdings or use their property to generate income through agricultural purposes or business establishments said Somchai Sujjapongse the director-general of the Finance Ministry’s Fiscal Policy Office.
The income base of provincial administrative offices would be expanded and used in their communities once the property tax comes into effect. At present, only an estimated 20 percent of development funds for provincial offices are derived from local revenue, whereas 80 percent of development funds are from the Central government.
The proposed property tax stipulates annual tax of 0.1 percent of the appraised value for residential land, 0.05 percent for agricultural land, 0.5 percent for commercial land, 0.5 percent for undeveloped land for the first year, increasing to 1 percent in the second year and an additional 1 percent for each subsequent year.
In the event the law is passed, the government will need to review 30 million plots of land in the Kingdom within two years. |
National Agenda to Include Creative Economy
28 August 2009
The “Creative Economy” project will be incorporated into the national agenda as directed by the Prime Minister Abhisit Vejjajiva said his adviser Apirak Kosayodhin yesterday at a seminar sponsored by the Bangkok University’s Creative Entrepreneurship Development Institute. The Creative Economy project will primarily cover Thai cultural heritage and cuisine, art and performance art, music and digital content, and design businesses.
The government has set aside a budget of 15 billion baht for a period exceeding 3 years for the project, and has approved 3.8 billion baht for the first phase.
The project is divided into four strategies: (1) establishment of a state body within six months to execute the Creative Economy project, its infrastructure and regulations to maintain the project under Thailand intellectual property law, (2) creation of an institution to encourage the development of creative skills and talents, (3) promotion of an environment conducive to the Creative Economy through tax incentives and matching funds, and (4) creation of a society geared towards creativity. These measures are intended to promote Thailand as the creative center of ASEAN. |
Excise Duty Waived for Air-Conditioners
26 August 2009
The Cabinet has approved the Finance Ministry’s proposal to waive excise duty tax for air-conditioners which will reduce the price of air-conditioners by 10-15 percent once the law comes into effect according to a newspaper source.
The air-conditioners covered under this waiver are those with capacity below 72,000 British thermal units and generally used in small or medium sized companies. Deputy Finance Minister Pruttichai Damrongrat stated that the proposed law should help local businesses compete against companies that import air-conditioners unlawfully and circumvent the law by not paying taxes.
Some manufacturers explained that they will bring down prices immediately for new air-conditioning equipment, although they are unable to reduce prices up to 15 percent for all old stock as the companies would experience too great a loss. |
Changes Planned for Customs Department
25 August 2009
On Wednesday, Deputy Finance Minister Pradit Pataraprasit said that the Customs Department will undergo major changes to reform the department as reported by a newspaper source.
The Joint Foreign Chambers of Commerce (JFCCT) is looking forward to the proposed draft law and views the reforms as a way to improve Thailand’s competitiveness in international trading.
To this effect, a Customs Clinic will be formed to provide a method of classifying for duty a product and assessing for duty calculation a product before the product is ordered for import under the proposals. The Clinic will also provide notification of all licensing requirements. At present, the Customs Department is lacking in these areas according to the JFCCT. |
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