Thailand Law Forum Thailand Law Forum  
 
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.
 
ATTENTION:

Thailand Law Forum documents are translated with the support of Chaninat & Leeds, a law firm with years of experience working in an international setting.  Chaninat & Leeds can provide both Thai and international clients with professional legal assistance in a variety of areas, including immigration, visas, land acquisition, corporate registration and intellectual property rights and K1 visas in Thailand.  


 
Thailand Legal News Updates:

NEWS :

Environmental Amendment Approved

14 October 2009

To conform to Article 67 of the Constitution, Cabinet approved amendments to the Environmental Protection Act of 1992 yesterday.

The amendments would allow the natural resources and environment minister to set forth regulations on the kind of industries negatively impacting the environment and health.

Moreover, an independent environmental body will be established to assist in the enforcement of laws based on Article 67 within the forthcoming 90 days.


TCDC to Supervise the Creative City Project

14 October 2009

Yesterday the Thailand Creative & Deisgn Centre (TCDC) in Bangkok made known that it will manage and supervise the Creative City Project next year.

The government’s Creative City Project focuses on encouraging Thai entrepreneurial creativity, innovation, and design in order to attract a greater clientele base, boost tourism in Thailand, and promote an image of Thailand as a creative country.

These efforts are intended to stimulate Thailand intellectual property development.

The government has allocated 30 billion baht to support a creative economy. Of that amount, 190 million baht will be provided to the TCDC to manage the Creative City Project.

The TCDC will use the funds to develop Bangkok as a Creative City, as an example for other cities to follow, establish a creative zone for foreigners and Thais to develop their creative talents, and develop a Creative Industry Expo.

Design-advisory director Kittiratana Pitipanich said that the TCDC intends to ask the UN Educational, Scientific and Cultural Organisation (UNESCO) to include Bangkok in their Creative City Network. If UNESCO affirms Bangkok as such, the city would be a coveted destination for foreign tourists. It would also be easier to promote creative businesses in the city.


US Offshore Accounts Crackdown Continues

14 October 2009

The I.R.S is continuing its crackdown on Americans that use offshore accounts to evade US taxes.  October 15 is the leniency deadline, whereby the wealthy can come clean about their money stashed in out of country banks. 

If tax evaders come clean about their funds by 15 October, fines will range between equal to 5 to 20 percent of their tax bills, as opposed to the regular 50 percent.  The penalty will be paid once, based on the highest balance of the account over the past six years, rather than for each of those six years.

The Swiss bank UBS has released the names of 4, 450 American clients to the US government officials.  Even still, many wealthy Americans are hoping that their names were not on this list so that they may continue using offshore accounts in anonymity.

The I.R.S is continuing to warn that after 15 October, penalties will become far stiffer—and the risk of prosecution will increase.


Cambodia Approves Dispute Settlement Body for ASEAN

12 October 2009

On Monday Cambodia’s Foreign Minister Hor Namhong was reported by media sources as saying he approved of Thailand’s proposal for ASEAN country representatives to discuss a dispute settlement mechanism to resolve conflicts amongst ASEAN countries.

The discussions will take place at the 15th ASEAN Summit scheduled for October 23 to 25 in the beachside resorts of Cha-am and Hua Hin in Thailand.

In a speech last Thursday, deputy director-general of the Thai Foreign Affair Ministry’s Department of Information Thani Thongphakdi said that the Thai-Cambodian controversy over territorial rights to land next to the Preah Vihear temple is not the focus for the dispute settlement mechanism, but that the mechanism is much wider in scope. However, he stated that the structure may assist in resolving the current dispute over the temple.

See the International Court of Justice ruling on the sovereignty of the Preah Vihear temple

http://www.thailawforum.com/database1/international-court-of-justice.html
 
     


© Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)