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.

CREDITS

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.

Thailand Legal News Updates:

NEWS :

Large Numbers of Bangkok Dwellers Buy Counterfeit Items

14 August 2009

A survey conducted by Bangkok University’s research center pointed out that a great number of Bangkok city dwellers have purchased counterfeit items

Of 1,104 survey participants, 79.9 percent said that they had purchased or rented counterfeit items. The highest ranking items acquired were movie and music CDs, DVDs, and VCDs. Next were fashion goods such as shoes, handbags, glasses, and watches.

However, 95.4 percent of participants stated that Thailand should be proactive in dealing with copyright infringement. Some suggested harsher punishment be meted out to copyright violators and that prices on brand name items be reduced as well.

A copyright attorney in Bangkok should be consulted in the event of copyright infringement.

Suu Kyi to Appeal Court Ruling

14 August 2009

Pro-democracy leader Aung San Suu Kyi will appeal the Rangoon North District court’s verdict sentencing her to another 18 months of house arrest.

Suu Kyi was charged with violating her house arrest when an American man, John Yettaw, swam across Inya Lake to her residence uninvited in early May 2009. The terms of her house arrest prohibited her from entertaining visitors.

She had been sentenced to house arrest in 2003, and the sentencing was to have expired on 27 May 2009.

International leaders and the UN Security Council have expressed disapproval at the ruling. Some in the international community have viewed the verdict as a way to keep Suu Kyi from next year’s elections.

Thailand’s Prime Minister has been quoted as saying fair elections would bring about national reconciliation in Burma and integrate Myanmar with the international community. China, on the other hand, has asked the world to respect Burma’s stance.

Asean-China FTA

13 August 2009

The Commerce Ministry stated yesterday that a treaty to liberalize investment between Asean and China will be signed at the 41st Asean Economic Ministers Meeting in Bangkok on Saturday. The treaty is expected to be implemented by next year.

The treaty will aid investment growth through more favorable regulations, thus instilling confidence in investors of Asean member countries and China as well as other countries.

The agreement will embody investment facilitation, protection for investors and capital for certain types of investments, equitable practices, and measures for compensation in the event of expropriation or chaos. Additionally, it will provide a structure for dispute settlement between governments and investors and safeguards for the protection of financial status and exchange rates.

Furthermore, the Asean-India FTA on trade in goods will be signed unofficially today as India has not completed all details of the agreement. The FTA is scheduled to take effect next year after the official signing of the FTA.

Under the FTA, 71 percent of trade in goods are to be opened by 2013, and 80 percent by 2016.

Five percent of trade in goods between Asean and India has been classified as sensitive, and their tariffs will be progressively reduced to 5 percent by 2016.

Nevertheless, negotiations to remove tariffs on 489 items remaining on protected lists will take place one year after the agreement has been implemented.

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