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Supreme Court Opinions

GROUNDS FOR DIVORCE
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.
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Thailand Legal News Updates:

NEWS :

Cabinet Approves Draft Property Tax Bill

21 April 2010

The Thai Cabinet has given approval to the draft property tax bill, but has requested that public consultations on the tax rates and its exemptions be held.

The draft was apparently passed amid much debate, with Finance Minister Korn Chatikavanij stressing that the real estate tax will help address the gap between the rich and poor.  In the past, many politicians have been opposed to such a property tax, possibly because many of them are owners of large land plots.

The draft tax law is said to target owners of large tracts of land and those with idle land plots.  The tax is intended to be the main source of funding for a Land Bank that would supply land for low income groups, including poor and landless farmers.  Farmers would apparently be exempted from the tax.

The proposed tax rates have not been signed off by the Cabinet as of yet.  The bill still requires approval from the Council of State before it is passed to the Parliament for its deliberation. 


No New Round of Migrant Worker Registration

21 April 2010

Despite the calls by some private sector industries and human rights organizations, Thailand will not open up another round of registration for migrant workers.  Migrant workers, the majority of which come from Burma, were expected to register with the Thai government by 2 March of this year.

The Federation of Thai Industries has come forward calling for the government to conduct another registration drive, as they fear a labor shortage of nearly 300, 000 people.  This projected labor shortage is roughly the number of migrant workers that have failed to register with the Thai Department of Employment.

The process has been criticized for compromising the safety of the workers, as it requires workers to return to their home country as part of the “nationality verification process” (NVP).  Given that many of the workers come from military-ruled Burma, do not possess documents to legalize their work in Thailand, or in many cases, identification documents from Burma, returning to Burma could be dangerous for themselves and their families.

70, 000 workers have registered with the Thai government and completed the NVP.  The checkpoints that are providing NVP services have reported an increase from 600 to 1000 applications per day.

In order to meet the demand for workers, the Department of Employment has requested that Burma send 20, 000 new workers directly from Burma, but will not conduct new registrations for those already existing and working in Thailand.

Related Articles:

Burmese Migrants in Thailand: An Overview and Analysis

Political Instability Suspected to Result in Fewer Business Registrations

13 April 2010

Deputy Commerce Minister Alongkorn Ponlaboot reportedly expressed concern that the continuing political instability is likely to reflect negatively on the number of new businesses registering in Thailand as well as lead to an increase in company bankruptcies.

“Businesses that will be hardest hit are construction, property development and tourism because they are highly sensitive to political instability and the country’s safety,” Alongkorn was quoted as saying.

Even though there is a fear that there will be a fall in business registrations, this year has already had record numbers of new registrations, with an increase of 30 percent year on year.  The combined capital investment of the new firms in March, however, was Bt 10.74 billion compared to Bt 24.7 billion in February.

In addition, the Business Development Department has announced relaxed deadlines of one month for submitting their account balance information, normally due on 31st May, as a result of the political turmoil and closing down of operations in the Rajaprasong area.


 
     


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