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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.

NON-MONETARY DAMAGES AND ACTING ON BEHALF OF A MINOR
Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom

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:

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Thailand Legal News Updates:

NEWS :

Energy Department Proposes Oil Pipeline

27 November 2009

Thailand’s Energy Business Department has submitted a proposal requesting a Bt 15-billion government investment in an oil pipeline linking central Thailand to the north and northeast, media sources reported.

The proposal is the result of a study conducted by the Petroleum Institute of Thailand. Supporters claim the project could be completed in three years and would increase transmission efficiency, and reduce accidents caused by the current truck transportation system.

There are two proposals corresponding to two geographical routes the pipeline could possibly make:  a “y-shaped” line from Saraburi to Lop Buri to Phitsanulok and Lampang; or a “v-shaped” line from Saraburi to Phitsanulok and Lampang, and another direct link from Kaeng Khoi to Nakhon Ratchasima and Khon Kaen.  The latter option requires a higher investment but supporters claim the return on investment will be higher.

The government is being asked to fund the pipeline expansion as the returns from the investment were not considered attractive enough for private oil companies, a representative from the Institute said.


Foreign Ownership Draft Law up for Review in Cambodia

26 November 2009

A draft law on foreign property ownership is currently being reviewed by Cambodia’s Council of Ministers, recent media reports have suggested.  The final version of the draft will be passed to the National Assembly for approval in the next few months.

Currently, under Cambodian property law, foreigners can only hold 99-year leaseholds on any property.  Proposed changes contained in the draft law include allowing foreigners to own apartments and condominiums on the upper floors of buildings, restricting ownership of ground level residences to Cambodians.  The land that condominiums or apartments stand on is restricted to Cambodia ownership as well.

Some observers have suggested, however, that the draft law has unnecessary complications, such as the requirement that no more than 49% of a condominium’s units may be owned by foreigners.  Developers question whether this requirement would require them to sell to two diverse markets.

Further, the draft stipulates that foreigners cannot be co-owners of land, nor buy property that is within 30 kilometers of Cambodia’s borders, except in the case of special economic zones.

Overall, it is thought that the passing of the law will encourage investment in the country, by increasing transparency and improving confidence in Cambodia’s market. 


“One Stop Centre” for Foreign Investors

20 November 2009

Foreign investors will now be able to process all licenses and investment promotion application thanks to the establishment of the One Start One Stop Investment Centre (OSOS), according to Board of Investment (BoI) representatives.

Announced by news sources on Friday 20 November, the Centre was slated to open on the following Monday, reducing duplicate procedures and other “red tape” applications for foreigners involved in establishing business in Thailand and applying for BoI tax incentives.

The One Stop Centre’s objective is to consolidate services from several different Thailand government offices in single place. Government officers will assist with labor work permits, BOI applications and Thailand company registration, along with other services. Twenty-one government agencies were reported to be placing representatives to serve at the OSOS.

 
     


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