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.

ACKOWLEDGMENTS:

We would like to that Chaninat and Leeds Law Firm for assisting with maintaining this website. Chaninat and Leeds is a Thailand law firm established in 2001 and is managed by and American Attorney in Bangkok.

Thailand Legal News Updates:

NEWS :

Foreigners Unlawfully Owning Rice Farms

18 August 2009

Government investigators have found evidence of foreigners unlawfully holding large rice farming land areas of from 10 rai to 10,000 rai, located in the North and Central regions of Thailand, through the use of Thai nominees.

Rice farming is an activity reserved for Thais and prohibited to foreigners under the Foreign Business Act.

The foreigners are alleged to have purchased the land through brokers, or their Thai wives for smaller plots of land.

The Deputy Commerce Minister Alongkorn Ponlaboot stated that he has ordered other agencies to investigate land owned by Thai women who may be nominees of foreigners.

The Business Development Department has been discreetly monitoring activities of foreign companies for actions in violation of the Thailand land law.

The Department of Special Investigation will take action in the event of a breach in the law by foreigners.

Cabinet to Review Projects for Funding

17 August 2009

Some 400 projects will be examined next week by Cabinet for possible funding incentives through a 200 billion baht budget under the “Strong Thailand” program.

Eligibility for funding depends on the project being completed within one year, and the project being listed in the Budget Bureau’s e-budget program.

Additionally, the Finance Ministry permanent secretary Sathit Limpongpan said that the land and property tax bill will be submitted to Cabinet on 25 August and presented to Parliament by the end of the year. If the bill is approved and becomes Thai land law, tax collection will start in 2012 based on a media source.

The bill is intended to encourage the better use of land, especially large plots of unused land. However, the tax will not apply to persons with land and property less than 1 million baht.

Land appraisal prices are being reevaluated and the new rates will be announced by the Treasury Department on 1 January 2010.

Asean and Trading Partners to Form Strong Economic Alliance

17 August 2009

At the end of the Asean Economic Ministers (AEM) meeting held in Bangkok, Asean and trading partners from six countries declared their plans to establish the largest economic alliance in the world within 15 years through free trade agreements.

Asean’s 10 member country and trading partners comprised of China, Japan, South Korea, India, Australia, and New Zealand will establish the alliance through the East Asia Free Trade Agreement and Comprehensive Economic Partnership in East Asia.

The economic alliance would create independent economic zones, solidify the relationship of the alliance partners and make the partners depend on one another more for imports.

The alliance of Asean and trading partners is expected to increase GDP by 2.11 percent for all parties involved, 3.83 percent for Asean GDP, 1.3 percent for trading partners, and 4.78 percent for Thailand based on media sources.

Asean has formed bilateral agreements with individual countries such as Japan, China, South Korea, Australian-New Zealand, and India. Asean’s objective is to form an Asean economic community by 2015. Further, Asean aims to form close relationships with China, Japan, and South Korea prior to establishing the largest free trade area in the world.

The alliance partners’ countries cover 3 billion people or almost half (49.6 percent) of the world’s population, and 26 percent of the world’s GDP.

<< PREV PAGE NEXT PAGE >>