Thailand Legal and Business News: February 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.

Thailand Legal News Updates:

NEWS :

New Regulation for HIV Testing

23 February 2009

The Medical Council of Thailand has proposed a new regulation allowing teenagers under 18 to get an HIV test at hospitals and clinics without receiving the approval of their parents. This measure is intended to encourage teenagers to get tested for HIV as new infections increased from 14,000 in 2007 to 20,000 in 2008, based on media sources.

The regulation will allow for free testing at hospitals and clinics in each province under the universal health care scheme.

The Council would work together with the National Health Service Office to ensure that hospitals and clinics in all provinces under the universal health care scheme provided this service.

The Council is considering drafting a new regulation to ensure that teenagers’ medical records remain confidential.

Medical Law Amendment

20 February 2009

The Prime Minister Abhisit Vejjajiva assured representatives of health and consumer groups yesterday that the proposed amendment to the Product Liability Act to protect medical professionals from criminal liability for medical error would be dismissed if determined to be unnecessary. The Prime Minister stated that he would not sign the draft amendment if the Council of State decided in writing that the amendment is unnecessary according to media sources.

If approved, the amendment would exclude drugs and medical instruments from liability under the Product Liability Act. Doctors and other medical professionals would also be protected from criminal liability for oversight in judgment concerning the prescription of drugs to patients. The amendment was sponsored by the Public Health Ministry and receives support from the Medical Council of Thailand.

This issue is of great concern for medical malpractice attorneys in Thailand who would like to establish redress for victims of medical malpractice.

Product Liability Act

20 February 2009

The new Product Liability Act, which takes effect on 21 February, will make it easier for individuals sustaining damages from unsafe goods to claim damages compensation. The damaged party is not required to hire a lawyer nor pay court fees for instituting the legal proceedings. Courts are required to start the proceedings promptly. The damaged party is also not required to prove which business operator caused the damages.

Under the Act, business operators bear the burden of proving to the court that the products are safe. The Act makes business operators jointly liable for damages sustained by the damaged party from an unsafe product, from the design to the distribution stage.

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