Thailand Legal and Business News: August 2009

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.

APPRECIATION:

Specializing in both family and business legal assistance, Chaninat & Leeds is led by a US Attorney in Bangkok. They provide a variety of professional services regarding immigration, land acquisition, intellectual property rights and foreign company registration. We would like to thank Chaninat & Leeds for submission of this article.

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NEWS :

Ministry Pushes Green Economy

12 August 2009

The Natural Resources and Environment Ministry is near to devising new policies, regulations, and incentives to develop a greener economy and foster investment by assembling public opinion for this cause. The incentives involve tax reductions, non-tax incentives, and grace periods.

The Ministry and the Environmental Quality Promotion Department has reviewed the United Nations Framework Convention on Climate Change which recognized attempts by sectors distinct from deforestation namely the power, transport, industry, and building sectors.

According to the Director-General of the Environmental Quality Promotion Department, the power sector is the first to be targeted as Thais are familiar with biofuels and renewable energies. Fuel efficiency and biofuel manufacturing and usage incentives should be promoted through new polices.

She further stated that the transport industry should focus on mass transit and the industry sector should emphasize the use of green technologies.

Majority Owned Foreign Businesses Targeted for Investigation

11 August 2009

The Commerce Ministry, the Department of Special Investigation, and other government agencies are to investigate a number of majority owned foreign businesses in the North and Central regions of Thailand to determine if the businesses have violated the Foreign Business Act by engaging in rice farming.

Under Thailand law, businesses with over 50 percent foreign majority owned shares are prohibited from engaging in activities protected and reserved for Thais, such as rice farming.

Of over 15,000 majority owned foreign businesses, 300 of these were found to be possibly violating Thailand law by engaging in rice farming and land development according to the Business Development Department of the Commerce Ministry. The Ministry is to target 40 of these businesses for probable law violation.

Extradition Request Rejected by Thai Judge

11 August 2009

A Thai judge has declined the US government’s extradition request of alleged Russian arms trafficker and businessman Viktor Bout.

Viktor Bout was apprehended in March 2008 in a successful undercover operation by US agents posing as Colombian rebels of the Revolutionary Armed Forces of Columbia in a Bangkok hotel.

Victor Bout is alleged by the USA to be an international arms dealer who conspired to provide arms to terrorist groups, in particular “FARC”.

In pronouncing judgment, the Thai judge stated that Victor’s guilt cannot be ascertained in Thailand. In their ruling, the court noted that the offense alleged is a political offense which is excluded from the extradition treaty. Bout may be released within 72 hours if an appeal is not filed. However, Thai prosecutors stated they may appeal.