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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 :

Proposed Amendment to Social Security Act

6 August 2009

Economic ministers have approved an amendment to the Social Security Act to expand coverage of the social security fund to include spouses and children of members through funding from the government in the event of accident, disability, illness, or death. The amendment is to be submitted to the Council of State and subsequently to Parliament for review.

Around 9.2 million employees of private companies are covered by the Social Security Fund, although their spouses and children are not eligible. They may, however, be eligible as beneficiaries of the universal health care scheme.

The proposed amendment would extend to temporary employees, maids, and voluntary members under Article 40. The voluntary members would be entitled to 1,000 baht if hospitalized for three days or more as well as retirement pensions, in addition to childbirth, disability, illness, and death benefits.

The Social Security Fund requires employees and employers to contribute a small portion of their income to the fund. Nevertheless, the proposed amendment would not increase members’ contributions to the fund according to a Labour Minister.

The amendment, if approved by the Council of State, would also need to be approved by Parliament to be made law.

Online Lotteries Lawful

6 August 2009

Online digit lotteries were ruled to be lawful yesterday by the Council of State, thus paving the way for the government to allow the private sector to have a share in the profits.

Furthermore, the Finance Ministry is considering whether the government should forge ahead with online lotteries according to a news source.


Beverly Hills Movie Producers Charged with Bribing Thai Official

4 August 2009

Beverly Hills movie producers are to go to trial in a Los Angeles federal court on allegations of bribing a Thai government official to acquire contracts and management rights to the Bangkok International Film Festival. The case involves possible violations of the U.S. Foreign Corrupt Practices Act.

Gerald and Patricia Green are alleged to have paid under the table the former governor of the Tourism Authority of Thailand, Juthamas Siriwan, of $1.8 million USD between 2002 to 2006. The claimed corrupt payments were to acquire $14 million USD of contracts, and paid through a hidden group of businesses in Beverly Hills.

Notwithstanding, Patricia Green’s lawyer claims that the funds sent to Thailand were for legitimate purposes and not for corruption purposes.


 
     


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