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
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NEWS : |
New Procedures Approved for Electronic Auctions
29 July 2009
A Finance Ministry proposal intended to streamline the electronic auction process and facilitate public investment was approved by Cabinet yesterday.
The new procedures will shorten the electronic auction process from 85 days to 28 days. Moreover, the project’s scope will no longer be under the oversight of a committee, nor will the draft be posted for comments on the government’s website. Furthermore, under the new rules, even though bidders may report of project irregularities, the process can continue undeterred.
Over the next three years, the new procedures are expected to accelerate public investment to 1.4 trillion Baht, yet maintain transparency concurrently.
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Cabinet Approves Tax Break for Jewelry Industry
29 July 2009
The Cabinet has approved the waiver of the value added tax of 7 percent for imports of rough diamonds, gems, and raw materials used by the jewelry industry.
The Revenue Department stated that the Royal Decree will be issued shortly to enforce the waiver, which will be in effect until the end of 2011. However, the withholding tax of 1 percent will remain unchanged.
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Temporary Reduction in Social Security Payments
27 July 2009
The Ministry of Labour’s Ministerial Regulation dated 9 July 2009 reduces the requirement of social security payments by employers and employees into the social security fund from the current 5 percent of an employee’s salary to 3 percent. The new regulation will be operative from 31 July 2009 to 31 December 2009. On 1 January 2010, the rate for social security payments will return to 5 percent as formerly.
The social security payments of 3 percent of an employee’s salary as contribution into the social security fund for compensation can be broken down into: (1) 0.5 percent to be paid by both parties in the event of injury, illness, childbirth, disability, and death, (2) 2 percent to be paid by both parties for the welfare of the employee’s children and for old age, and (3) 0.5 percent to be paid by both parties in the event of unemployment, the rate to remain unchanged. |
Tax Refund for Movie Producers
21 July 2009
The Cabinet is to consider a proposal to be submitted by the Commerce Ministry next month to provide a tax refund of 15 – 20 percent to foreign movie producers using Thailand as a location to shoot movies. The Ministry will discuss the proposed measure with the Culture and Finance ministries.
This measure is aimed at increasing the market value of the entertainment industry from 900 billion baht to 1.8 trillion baht in a period of three years, according to the Deputy Commerce Minister.
He also said that Thailand has never before provided an incentive such as this to foreign movie producers.
The Minister explained further that the Commerce Ministry will suggest new legislation to enforce intellectual property rights in an effort to impede intellectual property violations. |
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