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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.

SUPPORT :

This article has been prepared with the kind assistance of Chaninat & Leeds, a full-service law firm with Thailand lawyers practicing both family and business law.


 
Thailand Legal News Updates:

NEWS :

New Business Registration on the Rise

17 February 2010

Thailand has recorded the highest increase in company registration in almost a century, with an increase of 40.5 percent since this time last year, with 4, 644 firms newly registered, media reported.

Last year, the number of newly registered businesses in Thailand dropped by 3.5 percent, with only 41, 243 firms registering for the whole year.  More businesses were dissolved last year as well, with 17, 071 closing operations.  For this year, however, the number has dropped by 5.35 percent, with only 1, 238 businesses closing, the lowest number of firms closing in nine years.

Most of the new businesses that have been registered this year are in the property development, construction and service industries.

Business Development Department representative Banyong Limprayoonwong commented that the increase in business registration can be accredited to the global economic recovery, but also to the Thai Khemkhaeng (TKK) project, a  government stimulus initiative designed to boost infrastructure development—and  the continued promotion of Small and Medium sized enterprises (SMEs), a current focus of the Board of Investment Thailand.  Banyong added that the department intends to start training programs for SMEs with the intention to give them more edge in the global market. 

Related Documents:

Business Registration in Thailand


Thai Government Continuing Pursuit of Nominee Shareholders

17 February 2010

GGF (Thailand) may face punishment under the Foreign Business Act (FBA) for accusations that the company may have had nominee shareholders when it was first registered in 2006.  Even though GGF (Thailand) has since restructured its shareholder structure, penalties under the FBA can be applied retroactively.

Currently, the firm lists that 90 percent of their firm is owned by Thais, but it is being investigated on suspicion that Buakaew Sankam, previous owner of 51% of GGF (Thailand)’s shares, was in fact a nominee shareholder.  The Business Development Department is investigating all documents related to the shareholder system that existed when GGF (Thailand) was first registered.

If found guilty, Buakaew Sankam could face fines under the FBA of between Bt 100, 000 and Bt 1 million, and imprisonment of up to three years; GGF (Thailand) could possibly be instructed to shut down or suspend operations.

GGF (Thailand) is a subsidiary of the Malaysian GGF Group, involved in rice silo construction and rice brokerage for the Public Warehouse Organisation.

Nominee shareholders are coming under increasing scrutiny by the Thai government. 

Related Documents:

Nominee Shareholders and Company Registration in Thailand

Thailand Stem Cell Regulation Revision

16 February 2010

The Medical Council of Thailand will increase the regulations surrounding stem cell research.  Previously, stem cell researchers only had to get approval from the ethics committee of their respective institutions, or from the Medical Council if the research related to stem-cell transplant treatment, media reported.

Now, only stem cell transplants that have already been previously researched and approved by the Council will be able to be utilized for treatment.

All researchers must submit their research for review by the council within 120 days.

The Council commented that these new regulations are intended to combat medical malpractice related to stem-cell use, as well as to have control over the standard of research.  It said that the new regulations would only extend the approval process by one month.

The regulation will apply to all those engaged in stem-cell research, including physicians in private hospitals, medical schools, and state institutions.

Some researchers, including Dr. Krissanapong Mandodham, a private hospital stem-cell researcher, reportedly expressed concern that the regulation could hamper the progress of research.

Thailand is known for its growing private stem-cell research industry that, in contrast to countries like the United States,  has been relatively unaffected by political debate.

Related Articles:

Medical Malpractice in Thailand

 
     


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