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.
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 business labor, real estate, personal injury and immigration law. |
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Thailand
Legal News Updates:
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NEWS : |
US pushes Thailand on Child Labor
29 January 2010
Despite the US’s continuing criticism of Thailand’s child labor law and policies, the Thai government has reported to US representatives a decrease in child workers, according to media reports.
The US is currently completing its annual human trafficking report of 2010 and has requested more information from the Thailand Labour Protection and Welfare Department (LPWD). In the past, the US has blacklisted Thailand because of allegations of child labor and poor labor law enforcement, particularly in the sugarcane, shrimp and garment industries. Thailand is seeking to be removed from the US’s labor blacklist.
LPWD representatives said that they had conducted inspections of 50, 000 Thailand factories and reported that 87% were complying with labor laws; whereas, 13% were not respecting the rights of workers, particularly in the areas of worker protection, registration and holiday time.
Last November, the US pushed forward the Customs Facilitation and Trade Enforcement Reauthorization Act, which would ban the import of goods made that did not respect the rights of workers and employ the labor of children or trafficking victims.
In Thailand, it is illegal to employ a child under 15 years of age.
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Burmese Migrants in Thailand |
Thai Tourism will not join AFTA
15 January 2010
Tourism operators in Thailand have chosen not to join the Asean Free Trade Agreement (AFTA) until 2015. Thailand is the only Asean country whose tourism industry has opted out of the agreement.
Businesses, including the Thai Hotels Association, have expressed that joining AFTA at this time will not benefit tourism operators, local media reported.
Tourism operators are asking for five years to prepare for liberalization, including bringing their services up to international standards. For example, Dusit Thani College has been hired to study the impact of liberalization on the tourism industry.
AFTA came into effect 1 January 2010, lifting regional trade barriers. |
Thailand, UAE Soon to Sign Extradition Treaty
14 January 2010
An extradition treaty between Thailand and the United Arab Emirates (UAE) is in the final stages of negotiation and is expected to be signed later in the year, media reports revealed.
The treaty will be used to extradite criminals. It will provide the legal framework to extradite former premier Thaksin Shinawatra, who some believe is using UAE as headquarters for his political activity. The spokesperson for Prime Minister Abhisit believes the treaty will at least restrict Thaksin’s political movements.
Thai officials wrapped up four days of talks with its UAE counterparts in Abu Dhabi. It was expected that the agreement would be signed at the commencement of these talks, but due to questions surrounding civil and trade criminal offenses, more deliberations are required.
The UAE also has persons wanted on outstanding charges that it believes are taking refuge in Thailand, for example, Michael Bryan Smith, a British national arrested in Bangkok for allegedly embezzling US$154 million from a Dubai-based company. |
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