Thailand Legal and Business News: August 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 and Leeds, an American law firm in Bangkok. Thai attorneys specialize in corporate law and immigration law, including the US K1 fiance visa process.

Thailand Legal News Updates:

NEWS :

New ASEAN Rules a Wake Up Call to Thai Farmers

31 August 2010

The impending Asean Economic Community (AEC) is set to liberalize trade and open up competition for the market share of exported agricultural products currently dominated by Thailand. Presently, Thai farmers reap the benefits of a high trade surplus. However, according to the adviser to the agricultural minister, Apichart Pongsrihadulchai, once investment is opened under the AEC, Asean investors will have access to some divisions within the farming industry. Additionally, manufacturers will have a green light to move to countries where they can find lower labor and production costs.

Thailand farmers will need to modify their means of production and adapt to trends that will enable them to produce goods at a lower cost in neighboring countries. Thai enterprises will need to do the same, adjusting their business strategy so they can continue to compete in a market that will soon become borderless. As the global population continues to increase and health concerns rise in tandem, Thai farmers will be facing several new factors that can cause challenges with meeting an increasingly diversified international demand.

Under the AEC, trade partners of Thai farmers can increase non-tariff barriers to shield their own domestic markets, which could lead to new difficulties for Thai exports. Topics covered by the non-tariff barriers include healthcare, food safety and quality, sanitary standards and environmental protection.

As the AEC will be fully enforced within the next four years, Thai farmers and enterprises will need to focus on improving the quality and quantity of their products if Thailand wishes to stay on top in the midst of the new trade liberalization.

Related Articles and Documents:

Thailand Excise Tariff Act

The Liability for Damages Caused by Unsafe Goods Act B.E. 2551

“Foreign Dominance” Draft Rules to be Amended by the NTC

27 August 2010

The National Telecommunications Commission (NTC) will hold another hearing on the draft rules that prevent foreign dominance of local telecom operators, after recommendations from the first hearing served to call attention to the need to align the draft with Thailand’s stated commitment to global trade organizations. These organizations include the General Agreement on Trade in Services (GATS), along with other organizations falling under the Asean framework agreement.

After the draft received criticism from foreign trade organizations, industrialists and potential license bidders, the commissioner of NTC, Sudharma Yoonaidharma, stated he would amend the relevant draft rules concerning the prevention of foreign dominance.

The term “foreign dominance” is defined in the draft as the direct or indirect control by foreigners on the company, in creating policies for company management as well as becoming involved in company management beyond the point allowed by their shared ownership. This includes appointing key management positions in license holders, for roles such as that of managing director, manager, director, chief financial officer or head of procurement.

The new rules will be applicable to private telecom concession holders and 3G license holders.

Related Articles:

Telecommunication Business Law in Thailand

http://www.thailawforum.com/database1/telecom-business-act.html

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