Thailand Legal and Business News: April 2010

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.

Credits:

This page has been prepared with the assistance of Chaninat & Leeds, a law firm managed by a US immigration lawyer in Thailand. They specialize in US visas and the legal needs of expatriates overseas.

Thailand Legal News Updates:

NEWS :

New Requirements for Small Power Plants

27 April 2010

Small power plants with a production capacity of less than 10 megawatts will have to comply with a new Code of Practice set by the Energy Regulatory Commission. Previously, energy production facilities with a capacity of less than 10 MW did not have to conduct Environment Impact Assessments (EIA).

Many of these small power producers (SPP) and very small power producers (VSPP) are engaged in renewable energy initiatives, particularly those using energy produced by biomass. Communities surrounding these SPP and VSPP facilities have complained in particular about foul smell, polluted water and fuel dust.

Wider criticism has arisen from environmentalists that believe that energy producers under 10 MW should also be subject to EIA.

The Code of Practice requires compliance with these new standards from next month onwards.

Balance Sheets Can be Submitted Late

26 April 2010

Businesses that have been affected by Thailand’s ongoing political turmoil have been given a one month extension to submit their balance sheets, the Business Development Department announced on Monday. Accounts are now expected by the end of June.

It was reported that out of the 540, 00 registered businesses in Thailand, 27, 626 have been affected by the demonstrations.

1, 000 Cigarettes Permitted

26 April 2010

Foreigners travelling to Thailand are permitted to bring no more than 1, 000 cigarettes into the country, an equivalent to five cartons; a stamp duty must be paid at the airport and the cigarettes must originate from a country other than Thailand.

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