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.
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
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NEWS : |
Cabinet Reviews Draft Business Law
15 December 2009
The long awaited final draft of the retail and wholesale business law will be submitted today to the Thai Cabinet for review, local media sources reported. The act has been in the drafting stage for almost five years, and if passed, is expected to be enforced by the middle of next year, according to the Commerce Ministry.
The business bill intends to regulate four major business categories, including: hypermarkets and superstores, discount stores, supermarkets, and convenience stores with a combined annual revenue of more than Bt1 billion. Department stores, specialty stores and fresh markets are not under the purview of this act.
In this final draft, a central committee will approve the formation of new businesses. Previous drafts that had passed through nine public hearings called for the establishment of both a central committee and provincial committee. The current draft allows the central committee to set up committees in each province so that the provincial committees may only make suggestions to the central committee.
Ministry spokesperson Yanyong Phuangrach claimed that this final draft was fair to modern, larger retailers as well as small retailers and consumers; small retailers, he said, may be able to access a government retail fund for training and financing, to compete against larger retailers. |
Corporate Tax Cuts to Be Made Permanent?
14 December 2009
The Finance Ministry is discussing a proposal with the Stock Exchange of Thailand (SET) that would make the government’s temporary corporate tax cuts permanent.
Taxes were reduced from 30 percent, to 25 percent for companies listed on the SET and 20 percent for companies listed on the Market for Alternative Investment (MAI).
The issue is not expected to be resolved soon, however, as the tax collection structure has to be considered against incentives granted by the Board of Investment, ensuring a balance between the two. |
Draft Law to Target Movie Theatre Recording
10 December 2009
As part of the Thai government’s wider anti-piracy efforts, people who record movies in cinemas using camcorders or mobile phones are the focus of a new draft law, with offenders facing possible fines ranging from 50, 000 to 400, 000 baht and/or three months to two years in jail.
The law would make it an offense to enter a movie theatre with a video recording device with the intent to record a movie.
Known as the draft anti-camcorder law, the law is being designed to stop the practice of recording a movie within the first few days of release, only to then be mass distributed through file-sharing networks or sold as illegal DVDs.
The director-general of the Intellectual Property Department, Pajchima Tanasanti, claims the new measures are not as a result of pressure from the US government, even though the US has noted that illegal recording of Hollywood movies is common in Thailand.
The draft is intended to go before Cabinet in June 2010.
Additionally, Thailand will soon hold talks with businesses from the US, EU and Japan, reportedly as part of an effort to remove Thailand from the US’s list of states that do not effectively address copyright and patent violations. |
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