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. Their services include corporate law, criminal law and personal injury law in Thailand.

Thailand Legal News Updates:

NEWS :

Medical Malpractice Bill to go before House of Representatives for Debate

16 August 2010

The draft legislation on medical malpractice in Thailand is set to go before the House of Representatives for debate.

People affected by medical malpractice at private and state hospitals would receive financial assistance from this bill if it goes through. Details of the bill include setting up a no-fault compensation fund that would allow victims of medical malpractice and their families to receive financial help, without going through the lengthy legal process caused by filing a personal injury claim and lawsuit.

This bill has been highly contentious within the medical community, and has been criticized by doctors and other healthcare practitioners. Health care providers are concerned that the bill could result in excessive lawsuits, and also stated that medical professionals were not properly represented on the tripartite committee set up by the Public Health Ministry to scrutinize and debate the bill.

The head of the Federation of Healthcare Workforce, Cherdchu Ariyasriwatana, stated that Prime Minister Abhisit Vejjajiva should withdraw the bill from parliament and create a new assembly which should consist of a more balanced number of medical service provider members as well as patients seeking medical care. The new assembly would then be better equipped to seek public opinion on the matter, through nationwide public hearings.

Prime Minister Abhisit Vejjajiva today concluded that the draft legislation will move ahead to the House of Representatives for debate. Mr. Abhisit assured the bill’s supporters, including members of patient network s and health advocacy groups, that the bill would move forward and be tabled in parliament.

Related Articles and Documents:

Medical Malpractice in Thailand: Patient Rights in the Medical Tourism Industry

Thailand Consumer Protection Law

Guilty Verdict in Khmer Rouge Genocide Trial

11 August 2010

On July 26th, 2010, Kaing Guek Eav, also known as Duch, was found guilty of war crimes against humanity before a United Nations-backed Extraordinary Chambers in the Court of Cambodia (ECCC), and was sentenced to 35 years in prison.

Duch, now 67 years old, was the head of the infamous S-21 torture prison located in Phnom Penh during the height of the Khmer Rouge Regime. It has been reported that more than 14,000 people died at this Cambodian prison between the years of 1975 to 1979. Overall, at least 1.7 million people died from execution, starvation, overwork and disease during the Khmer Rouge regime, according to the Documentation Center of Cambodia.

In a move that caused strong, mixed reactions from local Cambodians as news spread, the judge in the case decided to take a total of 16 years off the total sentence for Duch. Five years were taken off due to the time Duch was illegally detained before the United Nations-backed tribunal was established. The remaining 11 years were taken off for the time Duch has already served in prison. As it stands, Duch will now serve no more than 19 years.

Four more of the Khmer Rouge Regime’s leaders are still currently waiting to learn if they will also be called to stand trial before the United Nations-backed tribunal.

Related Documents:

Judgement against Kaing Guek Eav alias Duch: Cambodia Khmer Rouge Genocide Trial

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