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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.

NON-MONETARY DAMAGES AND ACTING ON BEHALF OF A MINOR
Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom

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.

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Thailand Legal News Updates:

NEWS :

Asean-China FTA Negotiations for Opening Up Service Sector Investment

10 August 2009

Negotiations between Asean and China are foreseen to further open up service sector investment through favorable regulations, which would benefit Thai investors according to the Kasikorn Research Center.

The first round of talks between Asean and Chian opened up service sectors in July 2007. In progress is the second round of negotiations intended to lead to a proposal to be submitted to the Asean-China summit in October. This round of talks is expected to open up 12 more service industries.

Thailand industries set to benefit the most from the FTA talks are in the fields of retailing, hospitality, restaurants, spas, tourism, logistics, and education.


Thai Investors to Benefit from Patent Cooperation Treaty

10 August 2009

Thailand is looking to expand its patent protection internationally by becoming a member to the Patent Cooperation Treaty (PCT). Director-General of the Intellectual Property Department said that Thailand will be ready to become member of the PCT this month or next.

The PCT allows for filing one application for patent protection which would cover a large number of countries during a set period of time. The patent applicant would not need to travel or observe the national laws of each foreign country through this process.

Moreover, inventors will be able to register their patents quicker and with greater protection through the assistance of a Bangkok patent attorney.  

After becoming member to the PCT, Thailand will have a period of 90 days to announce its status in publications.

Presently, 138 countries are members of the PCT, and Thailand is expected to become the seventh Asean country to participate.


Credit Card Service Available to Bail Alleged Offenders

10 August 2009

A credit card service is now available in a few courts to secure bail or pay fines in criminal cases by the defendants or their relatives.

The service is available at the following courts: the Criminal Court, the Thon Buri Criminal Court, the Southern Bangkok Criminal Court, and the Bangkok North Municipal Court. Other courts are planning to adopt the convenient procedure.

Since June 15, trail use of the credit card service was initiated at a few civil courts in Thailand.  


Government to Monitor Foreign Farmers

10 August 2009

Government authorities are to monitor possible violations of the law by foreigners buying or renting farmland as farming is an activity reserved for Thais.

According to the Deputy Commerce Minister, the Commerce Ministry Business Development Department had conducted an investigation into foreign businesses located in 20 provinces and found that foreigners have abided by the limits of law for buying and renting farmland.

The Commerce Ministry seeks cooperation from local land owners and the Thai Farmers Association to monitor foreign business activities for infringement of the law.

The investigations occurred as a result of complaints by local farmers of purchases of large land plots by foreigners.


 
     


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