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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.

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Thailand Legal News Updates:

NEWS :

Wildlife Activists in Trouble with Tiger Temple

3 February 2010

Three wildlife conservation activists are facing a defamation lawsuit after accusing the famous Tiger Temple in Kanchanaburi of tiger abuse and illegal possession and trade of tigers, media reported.
Edwin Wiek, founder and director of Wildlife Friends of Thailand, has been charged, along with Sawan Sangbunlang and Dr. Surapon Duangkae, for their April 2009 article published in a Thai-language news daily.

The Tiger Temple is a very popular tourist destination in Kanachanaburi Province, the success of which has been based on its claims that the tigers have been rescued from poachers and the temple’s monks are practicing tiger conservation efforts.

According to Wiek, however, the Tiger Temple’s activities harm the wild tiger population and go against conservationist practices.  He says, for example, that the genetic makeup of the original animals at the temple were never tested, leaving their precise sub-species unknown.  Their subsequent offspring cannot be used in any conservationist efforts, therefore, because the resulting tigers are hybrids.  As hybrid tigers, he says, they cannot be released back into the wild as so doing is considered “a biological crime by conservation experts worldwide”.

In addition to the accusations by Wiek, the British Care for the Wild International (CWI) has claimed that, through their undercover investigations at the Temple through 2005-2008, the tigers were regularly abused and mistreated.  Their 2008 report entitled “Exploiting the Tiger” claimed that the Temple currently operates as a breeding facility, not a rescue center, as the tigers are bred and sold to a tiger farm in Laos.  If these claims are correct, the temple is violating Thai, Lao and international law under the Convention on International Trade in Endangered Species in Wild Fauna and Flora( CITES).

 Further, Wiek has claimed that both mature tigers and tiger cubs have gone missing from the temple.

Related Articles:

Year of the Tiger Conservation

Ivory Trade and Elephant Protection in Thailand


FBA Approves 25 Companies

2 February 2010

Twenty-five foreign companies received approval under the Foreign Business Act (FBA) to conduct business in Thailand, approximated to total Bt739 million.  The Foreign Business Committee approved these companies on 27 January, according to media reports.

The companies are mostly involved in logistics and transportation development.

It was reported that last year, approvals of companies under the FBA dropped 21% to 213.  There have only been 2, 394 foreign companies approved since the enforcement of the FBA in 2000, totaling Bt32.8 billion of foreign exchange.

Related Articles:  Foreign Business Act


Increase in Condo Transfer Fees

2 February 2010

Condominium transfer fees at the Land Department will increase next month, March 2010.  The rates will increase from the current rate of  .01% to 2%.


Year of the Tiger Conservation

1 February 2010

As part of a 13 country effort to save the habitat of wild tigers, Thailand has pledged to double the population of the wild tiger by 2022, the next Chinese year of the tiger.

Tiger country representatives—Bangladesh, Bhutan, Cambodia, China, India, Indonesia, Laos, Malaysia, Myanmar, Nepal, Russia, Thailand, and Vietnam, met in Hua Hin Thailand last week in order to discuss and adopt a draft declaration on tiger conservation, media reported.   
The declaration is expected to be adopted in September, at a meeting planned to be held in Vladivostok, Russia. 

The draft declaration focuses on maintaining and increasing the habitat of the tiger and permanently bans the trade of tiger parts.  Loss of habitat as well as poaching has reduced the wild tiger population to 3, 500, down from 100, 000 at the beginning of the 20th century.

Despite these efforts, the draft declaration does not delegate funds to finance the conservation project and does not contain an enforcement mechanism, leading some conservationist to suggest the draft must go even further.  Representatives from the Smithsonian National Zoological Park, however, said the declaration, if followed, will lead to a steady recovery of tiger populations.

Related Articles:

Ivory Trade and Elephant Protection in Thailand

 
     


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