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 : |
Preparation of New Draft Law for Large Retailers
31 July 2009
The Commerce Ministry is planning to submit for Cabinet approval a new draft law to regulate large retailers in September. If approved, the act will be enforced in early next year. The act is intended to contain the expansion of large retailers who are putting some small family shops out of business.
The new act will regulate hypermarkets, superstores, discount stores, supermarkets, and convenience stores making more than 1 billion baht per year, such as Tesco Lotus, Big-C, Carrefour, Makro, Tops Supermarket, and 7-Eleven stores, as well as convenience stores located in petrol stations. On the other hand, department stores and fresh markets will not be regulated by the proposed act.
The proposed act requires that the aforementioned retailers be located at least 5 kilometers away from a municipality of a community area. Violators of this regulation or any other regulation under the act will be subject to a maximum fine of 1 million baht and/or imprisonment of 1 year.
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Electronic Patent Applications Forthcoming
30 July 2009
To enhance services provided the public, the Intellectual Property Department is developing an electronic patent system to receive patent and petty patent applications online, from anywhere in the world. The system should be in place by next year.
The new system is expected to reduce patent processing time from the current 3 years to 1 year, counting from the time an application is submitted to the time it is approved. Currently, the IP Department is processing 20,000 patent applications.
For individuals and companies located in provinces outside Bangkok, the IP Department will provide a means for applications to be submitted electronically through the Commercial Affairs Office in each province. Applications and related documents will be kept on digital files for individuals and companies to access online.
Credits:
Thailand Law Forum greatly appreciates the assistance of Chaninat & Leeds. Chaninat & Leeds is a full service law firm well-known for assisting foreigners with patent applications by our patent attorney in Bangkok |
Arbitration Bill Rejected
30 July 2009
A bill proposed by the Justice Ministry to replace the current arbitration panel, authorized to settle disputes between the government and private sectors, was rejected by Cabinet on Tuesday as the Ministry had not recommended an alternative mechanism to replace the panel. Justice authorities are to review the proposal and submit two bills subsequently to Cabinet to resolve this issue.
The arbitration panel has been the focus of controversy by mediating during negotiations between the government and the private sector in a way viewed by some as putting the government at a disadvantage and not protecting government interests, such as through the panel’s ordering the government to pay compensation to private companies.
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Pregnant British Woman in Lao Prison to Return Home
29 July 2009
A pregnant British woman convicted of heroin trafficking in Laos will be allowed to travel to Britain to serve her life sentence there under a British/Laos memorandum of understanding.
Samantha Orobator was convicted in June by a Vientiane court of trafficking 680 grams of heroin while about to board a plane to Thailand. |
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