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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 :

Tax Breaks in Tourism Stimulus Package

12 January 2010

A stimulus package is currently being developed in order to continue to support the country’s weakened tourism industry. A representative from the Revenue Department was quoted as promising more tax breaks for tourism enterprises as well as incentives for tourists.

The incentive measures that were instituted last year, including visa fee waivers, lowering of landing fees, income tax exemption, and discounts on national park entrance fees, will expire in March. Industry representatives are asking that these incentives be extended until October, or perhaps until the end of the year.

The Revenue Department said that taxes on outbound and inbound travel will be reviewed, and that the income tax waiver on tour packages should be increased.

Despite the incentives that were available, the government will not likely make this year’s target of Bt500 billion from tourism.

The Cabinet is expected to review the stimulus package within a month.


Brokerage Quality Control Increased

11 January 2010

Brokerage watchdog The Securities and Exchange Commission (SEC) has instituted measures intended to increase control over the quality of brokerages after partial commission liberation began on 1 January of this year, media reports suggested.

Commission liberalization includes all securities other than bond funds, such as stocks, warrants, mutual funds and property funds.

Also on 1 January, brokerages also started charging a trading fee of 0.0005 % and a clearing fee of 0.0001 % of the trading values.  The fees must be separated from commission fees.  But, in order to lower costs, brokerages have reported that they are waiving these fees for those trading less than Bt5 million per day.

SEC  also reportedly said that they intend to focus on securities companies to see if their brokers have focused on price competition rather than service quality, as research on their customers are required if they are in the 10-20 most active stocks.

No decisions on how to control the quality of brokerages have been made for sure, but SEC intends to do so in February or March.


Environment and Health Impact Assessments for Sugar Producers

8 January 2010

Sugar mills in Thailand that sell their surplus energy produced by waste products are required to comply with Office of the Energy Regulatory Board regulations, including conducting environment impact assessments (EIAs) and health impact assessments (HIAs).  Forty-seven sugar mills sell their surplus energy to the national grid.

Thai Sugar Millers Cooperation (TSM) was reported as saying that these regulations may create barriers to selling their energy, resulting in wasted energy that is produced from a renewable source, biomass produced after the juice is extracted from sugarcane.

The majority of these sugar mills can each generate more than ten megawatts of electricity per year.  Last year, 36 out of the 47 plants were permitted to sell their energy, after the regulations were developed by the Office of the Regulatory Board, established in 2007.

TSM has called on the government to allow all sugar plants to sell surplus energy to the Electricity Generating Authority of Thailand until the end of the year.


New Asean-China Free Trade Deal in Effect

1 January 2010

The Asean-China Free Trade Agreement (AC-FTA) is officially in effect as of 1 January 2010, forming the world’s largest trading zone in terms of population.

According to news reports, Thai consumers are expected to be the main beneficiaries of the free trade agreement coming into effect.  Import duties are expected to be reduced to zero on most goods.

The deal has caused some concern among producers of Thai goods, including Thai coffee farmers who fear they will have to compete with lower-priced coffee imported from Vietnam.

Related Documents:

ASEAN China Free trade Agreement


 
     


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