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.
SUPPORT:
This article has been prepared with the kind assistance of Chaninat & Leeds, a full-service law firm with Thailand lawyers practicing both family and business law. |
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Thailand
Legal News Updates:
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NEWS : |
Elite-Card Project to Be Sold
18 November 2009
According to media reports, the Thai Cabinet has told the National Economic and Social Development Board and the Finance Ministry that Thailand’s Elite-Card program should be sold and that these respective divisions should prepare for the sale of the program to the private sector.
The Elite-Card program, operated by Thailand Privilege Card (TPC), was initiated by the Thaksin administration in 2003, intended to provide immigration and visa privileges to its wealthy foreigner members, but has reported consistent losses ever since.
Officials have been given one month to finish the terms of reference and a subsequent two months to find a buyer. If no buyer is evident, the government has announced that it will continue to pay compensation to card members, but the TPC’s operations will be halted.
Over 2, 500 cards have been issued to foreigners since its inception. |
New Tax Formula on Alcohol Planned
10 November 2009
The Excise Department is currently reviewing its alcohol taxation formula, in order to anticipate the Asean Free Trade Agreement that is expected to be instituted by 1 January 2010, which will eliminate tariffs on alcohol imported from Asean countries.
Director-general Areepong Bhoocha-oom plans to prioritize fairness and competitiveness among business operators while debating the potential changes.
Currently, the alcohol tariff is at 5 per cent. By this fiscal year, 2009, Thailand’s excise tax totaled Bt86.98 billion.
On 10 November, the Excise Department hosted a workshop with foreign excise units in order to take suggestions on how and what forms of changes should be instituted. The Department has also set up a study centre to compare various tax-collection methods.
Some alcohol producers were unhappy with the formula, urging the government to make sure changes would be fair to the producers as well.
Changes to the alcohol tax formula are expected to be presented to policy makers for their consideration by the end of the year. |
New Pollution Tax for Industry
9 November 2009
A draft law on pollution taxes has been approved for submission to the Cabinet, after two years of debate and development.
The Finance Ministry has been responsible for drafting the new law, after seeking input from a variety of sectors and stakeholders, including the Fiscal Policy Office, Industrial Works Department and Chiang Mai University. Despite resistance from industry, the government has expressed commitment to address industrial polluters.
Air pollution and wastewater emissions will come under the purview of this new law, placing taxes according to the size of a manufacturing plant and amount and type of pollutants released.
Manufacturers will have to pay to release sulphur dioxide, nitrogen oxide and dust. Smaller sized plants will pay fixed yearly rates, whereas larger plants will pay per tone of pollutants or per cubic meter of wastewater released.
Of the total of taxes collected, 3 percent will go to the Excise Tax Department, 25 percent to the Industry Ministry as its budget for plant audits and the rest of the taxes will go to a “research and development fund” to monitor and improve pollution treatment facilities and provide low-interest loans for producers to meet environmental regulation standards. |
Small and Medium Sized Projects still under Purview of BOI
5 November 2009
The Board of Investment recently announced its intention to expand its incentive programs for foreign business in Thailand, news sources reported.
Small and medium-sized projects were the focus of these recent revisions, expanding from 10 to 50 types of business that can apply for incentives, covering auto parts, services and agricultural processing.
Further, the incentives are intending to promote smaller manufacturers to replace older machinery with newer technology for the purpose of both enhancing competitiveness and environmental responsibility.
The BoI will also soon be engaging in business-matching between Thai investors and Chinese companies from Guangzhou.
Given that 2009 was named the Thailand Investment Year by the BoI, the agency intends to reach its Bt400 billion goal for the year; they have already recorded an investment of Bt320 billion in the first 10 months. |
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