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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.
SUPPORT :

This page has been prepared by Chaninat & Leeds, an American law firm in Bangkok.  Their services range from completing prenuptial agreements to assisting with investigation in Thailand.


 
Thailand Legal News Updates:

NEWS :

PTT gets go ahead for deal with Burma

29 December 2009

The PTT Group—one of Thailand’s largest petro-chemical conglomerates—has been given approval by the National Energy Policy Committee to sign an MOU to purchase natural gas from Burma’s Zotica Block, according to news reports.

The MOU is worth 33.29 billion baht.  It forms a crucial part of Thailand’s natural gas supply plan; the area is estimated to be able to supply gas for 25 to 30 years.

The national natural gas supply plan has not yet been completed however, and is expected to be ready in early 2010.

The Zotica Block can produce $300 million cubic feet per day, 240 million cubic feet of which will be supplied to Thailand.

The demand for natural gas in Thailand is expected to rise six-percent per year in total.


Patent Treaty Comes into Effect

24 December 2009

As of 24 December 2009, Thailand has officially become a contracted member to the Patent Cooperation Treaty (PCT) after applying for membership earlier in September.

The PCT has been in existence since 1970.  Thailand is the 142nd country to accede to the PCT. 

The PCT allows for a unified and efficient procedure in filing patent applications. 

With the PCT coming into force, more patents are expected to be filed in the country, increasing protection for intellectual property rights in Thailand and will subsequently be beneficial for the country’s economy.


Elite Card Operator Up for Sale

17 December 2009

After weeks of rumors, news media have reported the Thai Finance Minister’s announcement of th sale of the Thailand Privilege Card (TPC), operator of the Elite Card project.  The government hopes the sale will be worth between two to three billion baht.

The sale will reduce government participation in the Elite Card project, only issuing visas to new members.

If the Thai government is unable to find a buyer, Finance Minister Korn Chatikavanij continued, TPC will be transferred to the Tourism Authority of Thailand.

Critics interpret the sale of the TPC as another stumble in the long drawn out fall of the Thailand Elite Card scheme that was started in 2003.


Highest Minimum Wage Sought for Phuket

16 December 2009

The Phuket Labour Office has submitted a request to increase the daily minimum wage in Phuket province by nine baht, local media recently reported. Currently, the daily minimum wage is set at 197.  If approved, Phuket’s daily wage rate would be the highest in the country.

All minimum wage increases in Thailand are first submitted to Cabinet for approval.  Seventy out of 76 of Thai provincial labor committees have requested minimum wage increases this year.

The recommendation for such a wage increase in Phuket follows the findings of an advisory panel that was comprised of both government and business representatives.

Bangkok’s minimum wage is currently at 203 baht.  The lowest daily wages in the country are in Phayao, Phichit, Phrae and Sisaket provinces, presently set at 150 baht.


 
     


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