Supreme Court Opinions |
DIVORCE
• Mrs.Thidatip Srirun vs. Mr. Lerts Srirun
The plaintiff registered her marriage with the first defendant, who thereafter registered a subsequent marriage with the second defendant and lived with the second defendant as husband and wife although the first defendant and the plaintiff had not yet divorced. The plaintiff filed a divorce in Thailand and claims for right to child support payment from the first defendant. The Supreme Court overturned the ruling of the Appellate Court on child support payment issues in this case.
CONDOMINIUM
• Miss Napit Injan vs. Sabkeaw Co., Ltd
The plaintiff (buyer) did not make the transfer of condominium ownership within the specified time as stated in the letter the defendant (seller) claimed was sent to the plaintiff, yet the defendant made another appointment to transfer ownership of the condominium unit at a later date, and permitted the plaintiff to inspect the cracks in the wall of the disputed unit. The court finds that, although the defendant's letter stated that the agreement would be terminated if the transfer of ownership was not made in the specified period, the agreement was not invalidated in this instance as the defendant's actions were indicative of the defendant's intentions to sell the condominium unit.
ADVERSE POSSESSION OF LAND
Mrs. Payoun Keawketthong et al. vs. Mr. Kamol Tanangsanakul by acting representatives Mr. Koukert Tanangsanakul et al.
Adverse possession of the land of another person, permitted according to section 1382 of the Civil and Commercial Code, is subject to possession of land with a title deed only and based on the condition that the trespasser must have resided on the land for a continuous period of 10 years or more. Based on this condition, the defendants were deemed not entitled to ownership of the disputed land.
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Thailand
Legal News Updates:
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NEWS : |
Asean Draft Agreements Approved
28 January 2009
The Thai Parliament approved all 20 draft framework agreements to be signed at the Association of Southeast Asian Nations summit. The summit will be held in the beachside resort of Hua Hin, Thailand, from 27 February to 1 March 2009. Thailand will be the last member country to ratify the agreements.
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Thai Prime Minister to Push Land and Inheritance Tax Legislation
25 January 2009
Thai Prime Minister Abhisit Vejjajiva has been resolute in pushing for passage of the land and inheritance tax legislation. The legislation is intended to increase the country’s revenue base as a means of improving the country’s social welfare system as revenue from income tax was insufficient according to the PM. Both tax bills are a part of the country’s tax reforms being undertaken by the PM’s administration.
The tax on land would most likely be exempted for land owners in need of basic housing. However, land owners with large plots of unused land would be taxed progressively. Hence, owners with larger plots of land would be more tax liable. The PM said that he would try to convince persons with large fortunes and land holdings – including those from the ruling Democrat party – of the need for the tax legislation.
The proposed tax legislation has not been passed into law, and once passed into law would take some time to implement. |
Public Health Minister to Hasten the Medical Malpractice Victims’ Fund Bill
13 January 2009
The new Public Health Minister Witthaya Kaewparadai stated that he would hasten the passage into law of the Medical Malpractice Victims’ bill after its review by the Office of Council of State this year. The bill attempts to reduce conflict between doctors and patients and assist patients in obtaining compensation more quickly for malpractice by medical professionals.
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Government to Grant 2,000 Baht to Low-Income Employees
13 January 2009
The government intends to pay a one-time special allowance of 2,000 baht to assist low-income employees in April 2009 according to media sources. Cabinet has already approved a budget of 18.9 billion baht for this purpose. The employees or government officials must receive a monthly salary of 14,000 baht or less per month and be a member of the Social Security Network to be eligible for the gift. Around 8 million employees fall into this income range. The Social Security Office will facilitate payment of the allowance which will e transferred into the employees’ bank accounts. |
Medical Council to Review Sex Change Operation Standards
7 January 2009
The Medical Council of Thailand will tomorrow consider a change of standard for sex change operations, requiring persons be aged 21 years or above to have the procedure done, according to media sources. If approved, the regulation would be enforced one month after its publication in the Royal Gazette.
The proposed regulation will require those in the 18-20 age group to obtain parental permission before undergoing castration. They will also be required to undergo a one year period of living as a woman before castration is permitted. Furthermore, a specialist in endocrinology would prepare the person’s body for the operation during this period.
The new law would elevate the standards of medical care castration patients received in terms of treatment, post-procedure care, and facilities.
The Council will also consider regulating standards for tattooing and body piercing.
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