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:

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.

Thailand Legal News Updates:

NEWS :

Tax Incentive for Air-Conditioners

20 August 2009

A tax incentive for purchases of locally manufactured air-conditioners was approved by the Public-Private Partnership yesterday, although the proposal has not yet been approved by Cabinet.

In the event the proposal is approved, prices for the air-conditioners will be reduced by ten percent. However, the government will lose approximately 1.7 billion baht per year in revenue which will be offset by the value added tax.

PPP has also approved proposals to stimulate the construction industry through job expansion and distribution of income within the industry as well as a plan for development of the industry.

Prime Minister Abhisit Vejjajiva, the chair of PPP, has asked the Finance Ministry to enlist the assistance of other agencies to oversee the tax incentives and their impacts.

Community Radio Operators Must Register with NTC

19 August 2009

Community radio operators are required to register with the National Telecom Commission by next Monday to be eligible to operate legally in the Kingdom said Natee Sukonrat chairman of the government’s community radio committee.

New regulations controlling the community radio industry came into effect last month and require that operators register within 30 days after their implementation.

After registration, operators are eligible to apply for a license or air programs for 300 days to observe possible frequency problems.

The regulations allow only operators working for the good of society to register, thus prohibiting registration by commercial operators.

Around 4,476 community radio operators, or 95 percent, have already registered.

Cabinet Approves Increased Authority to Agency to Manage South

19 August 2009

A draft bill to give greater authority to the civilian based Southern Border Provinces Administrative Centre (SBPAC) to manage the southern provinces in the grip of separatist violence was approved by Cabinet yesterday. The bill will be reviewed by the Council of State before being presented to the House.

The SBPAC will possess increased power, but be under the authority of the Interior Ministry. The status of agency’s chief will be on the same level as a permanent secretary. Furthermore, the chain of command will bypass the Internal Security Operations Command.

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