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
Legal News Updates:
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NEWS : |
Increase in Rehabilitating Firms
23 March 2009
More Thai businesses are reported to be seeking rehabilitation. In the first two months of this year, 11 cases were reported to the Legal Execution Department’s Business Reorganization Office, an increase of 120 percent from the same period last year. These 11 cases had combined debt of 8.6 billion baht compared to 5 cases with combined debt of less than 8 billion in the same period last year, according to media sources.
The Business Reorganization Office and the Central Bankruptcy Court were established under the Bankruptcy Act of 1998 to handle rehabilitation and bankruptcy cases. The office appoints planners that administer rehabilitation plans, while the court handles bankruptcy cases. The Thai Business Reorganization law was based on and bears a similarity to the US Chapter 11 Business Reorganization law.
The Bankruptcy Court currently has 24 judges handling over 16,000 cases, while the office presently has 174 rehabilitation cases with total debt value of approximately 493.04 billion. |
Fee Waiver for Industrial Factories
3 March 2009
The Cabinet is to consider waiving fees for industrial factories today in a bid to curtail the effects of the global financial crisis. If approved, the waiver would be enforced from April 2009 to March 2010.
The waiver was recommended by the Industry Ministry as a result of the Industrial Economics Department’s manufacturing production index showing contraction in the fourth quarter of 2 percent on year. Moreover, this department predicted that the MPI would expand 2-3 percent this year, as opposed to last year’s 6-7 percent. Consequently, the Ministry foretold that the current situation would lead to termination of at least 1 million jobs, but that the waiver would assist manufacturers and result in saving jobs if approved.
Similarly, the Finance Ministry intends to request the Cabinet approve tax incentives for taxpayers, both individual and corporate, who purchase new energy-efficient appliances and machinery from now until the end of 2010. A portion of the purchase would be income tax deductible. |
Proposals for Increased Foreign Business Activity Under Foreign Business Act
27 February 2009
Government officials are to review proposed changes to the Foreign Business Act which would allow for foreign investment in businesses presently foreclosed to foreigners under the Act by mid-March.
The Commerce Ministry requested the Fiscal Policy Office of the Finance Ministry to determine if businesses restricted to foreigners under List 3 of the Act could be opened to allow for more foreign investment. The study by the Fiscal Policy Office recommended opening up the following 13 businesses under List 3 within the next 3 years including engineering services, construction services, brokerage or agency, retailing, wholesaling, advertising, hotels, selling food or beverages, and other categories of service businesses under number 21 comprising computer, logistics and domestic transport, business consulting and management, schools, and entertainment or cinemas.
The study was based on free trade agreements between Thailand and partner countries, effects and benefits to Thailand from opening up restricted business activities to foreigners, and the capacity of Thailand businesses, according to media sources. |
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