Thailand Legal and Business News: January 2010

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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NEWS :

Legal Process for Living Wills Moves Forward

8 January 2010

The draft law on living wills has been passed by the Cabinet for review by the Council of State.
If passed, the law will allow for patients to reject treatment by health care providers if it will only prolong their terminal condition.

NTC Faces Legal Challenges

7 January 2010

The National Telecommunications Commission (NTC) is facing legal blocks surrounding the issuance of new spectrum licenses, according to news sources. The acting NTC is establishing a regulatory body to oversee national telecommunications.

Issuing third generation licenses on the 2.1-gigaherz spectrum while the new regulatory body is being formed is of particular concern.

The acting NTC wants the Constitutional Court to make a ruling on the matter, so they are asking the Office of the Ombudsman to petition the court on its behalf.

The NTC already sought a decision from the Council of State on whether they have the power to issue these licenses, but no response has been made. The Council, however, cannot make legal rulings.

The draft law governing the establishment of the National Broadcasting and Telecommunications Council (NBTC) is going through a final review by a House of Representatives committee.
The NBTC is mandated under Article 47 (2) of the 2007 Constitution.

Auto Tax Breaks for Hybrids?

7 January 2010

A proposal for tax breaks for fuel-efficient cars will be resubmitted to the Cabinet, after an earlier proposal was rejected last week.

PM Abhisit is asking for a review by the Energy Ministry, Finance Ministry and Industry Ministry in order to produce a comprehensive plan for tax incentives.

Tax exemptions are being considered for eco-cars, gasohol vehicles, E85 gasohol vehicles, NGV vehicles and hybrid vehicles.

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