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.
SUBMISSTION :
Chaninat & Leeds has assisted with content preparation for the Thailand Law Forum. Managed by an American lawyer, the law firm oversees all types of legal assistance, including property law and corporate registration, as well as family law, including surrogacy in Thailand.
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Thailand
Legal News Updates:
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NEWS : |
Thai Airways Files Lawsuit against PAD
9 December 2009
Local media sources have reported the filing of a civil lawsuit by Thai Airways International against persons they believe are responsible for the blockage of Don Mueang and Suvarnabhumi airports under the People’s Alliance for Democracy (PAD).
36 people have been named in the lawsuit, including: Maj-Gen Chamlong Srimuang, Sondhi Limthongkul, Pibhop Dhongchai, Suriyasai Katasila, Somsak Kosaisuk, Chaiwat Sinsuwong, Somkiat Pongpaiboon, Amornthep Amornrattananond, Samran Rodphet, Maleerat Kaewka, Praphan Khoonmee, Gen Pathompong Kesornsuk, Therdphum Jaidee, and Foreign Minister Kasit Piromya.
The lawsuit claims that these 36 people led the demonstrators under the PAD to block Don Mueang and seize Suvarnabumi airports. Thai Airways is filing for 575 million baht in damages, including 35 million baht for hotels and food for stranded passengers, as well as 402 million baht for transferring passengers to other airlines.
The case will be examined on 22 February, 2010. |
FBA Compliance Under Scrutiny
4 December 2009
A new government office is expected to be established in order to investigate whether businesses are complying with the Foreign Business Act (FBA), recent media reports stated.
The Business Development Department intends to create this new unit in order to address rising concerns that foreigners are majority stakeholders in businesses that prohibit majority foreign ownership, as outlined in the FBA.
The department is especially concerned by foreigners owning major stakes in rice planting businesses, a business area that foreigners are prohibited from engaging in. Without an adequate amount of resources, the department claimed, investigations were lagging and the new division intends to increase the efficiency of investigations into business accounts. |
Supreme Court Rules to Uphold Suspension of 65 Industrial Projects
3 December 2009
Of the 76 industrial projects that had been stalled due to litigation cases against the operators regarding health and environmental impacts, 65 of the projects have been ordered to complete environmental-impact assessments (EIAs) and health-impact assessments (HIAs) before resuming operations.
The ruling has come after the various petrochemical projects at Map Ta Phut near Rayong had been stalled since September after concern regarding health and environmental impacts on the surrounding community.
All of the projects combined are estimated to be worth a total of Bt400 billion. Eleven of the projects have been allowed to resume.
The ruling specified that the projects must comply with Article 67 of the Constitution, regarding health and environmental impacts. |
Slow Registration with Loan Shark Relief Scheme
2 December 2009
The government has attempted to counteract the activities of unregistered money lenders with a debt refinancing program, media reported. Officials were surprised, however, when low numbers of people actually turned out to register on the first day.
The government has opened offices across the country in the hopes that people who are victims of loan sharks can registered to refinance existing debts. Only 17, 000 people registered across the country on the first day. Registration closes after 31 December.
Officials are unsure as to why so few have registered, with some suggesting fear of repercussions at the hands of money lenders may be keeping people away. The informal money lending racket has been getting more attention from officials after complaints with the Justice Ministry’s People’s Debt Problem Centre increased. |
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