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Chaninat & Leeds has assisted with content preparation for the Thailand Law Forum.  Managed by an American lawyer, the law firm oversees all types of legal assistance, including property law and corporate registration, as well as family law, including surrogacy law in Thailand.

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.
 
Thailand Legal News Updates:

NEWS :

Calls for Resumption of Thai-American FTA Talks

10 March 2010

The president of the American Chamber of Commerce (Amcham), Joe Geagea, is calling for a resumption of Thai-US free-trade negotiations that have been suspended since 2006.  Alternatively, he suggested that Washington go into trade talks with Asean.

Previous FTA talks, seven rounds in total, failed to produce any definitive results and were halted after the 2006 coup.  Asean is proving to be an increasing point of interest to the US, as it is making steps toward regional economic integration and thus, a stronger economic block.

Last year, the US expressed its desire to engage in an Asia-Pacific free-trade deal, but given its focus on service liberalization, it is a sensitive matter for Thailand because it depends heavily on this sector.

No official decision has been announced from the Obama administration on the status of the suggested negotiations.


Migrant Worker Registration Failure?

8 March 2010

The deadline for Thailand’s nation-wide initiative to register its over 1.3 million migrant workers passed on 2 March, with over 500, 000 migrant workers remaining unregistered.  The initiative has been criticized for its lack of awareness-raising targeting the workers themselves, as well as placing workers in a potentially dangerous situation as they are required to return to their home-countries in order to register in Thailand.

Thailand’s migrant worker population originate from Cambodia, Laos—and overwhelmingly—Burma.  Many workers from Burma are not recognized as citizens in the junta-ruled country, and obtaining identity documents from Burma are largely unrealistic, migrant workers’ organizations complained.

 Only 850, 000 migrant workers registered by the 2 March deadline, leading Thai officials to contemplate whether the deadline should be extended.  A Thai official from the Labor Department, Supat Gukun, was quoted as saying, “We will have to arrest and deport those alien workers who have not kept in line with prescribed procedures”.

Human rights advocates say that this registration process is a step in the right direction to begin legalizing migrants and protecting their rights, but the confusion and lack of information about the process has resulted in the low registration turn-out.

Most migrant workers in Thailand are employed in agriculture, fishing, construction, domestic work and garment factories.  In 2005, the International Labour Organisation said these workers, largely underpaid, contributed 1.8 billion USD to the Thai economy.

Related Articles:
Burmese Migrants in Thailand: An Overview and Analysis


Foreign Exchange Rules Loosened

4 March 2010

The Bank of Thailand (BOT) has just changed its foreign-exchange rules, loosening requirements on financial institutions to report non-resident transactions of less than Bt 1 million, media reported.

Financial institutions can now make a collective report on non resident transactions worth Bt 1 million to Bt 25 million.  Previously, any transaction totaling between Bt500, 001 and Bt 25 million had to be reported collectively on a daily basis.

Rules on interest-linked transactions for non-resident accounts were also loosened so that financial institutions no longer have to submit reports on the transactions.  Previously, reports had to be submitted on a case-by-case basis.

Changes came into effect last Tuesday, and BOT representatives stated that all financial institutions had been sent a notification of the change.


Thailand Denies Visa to Dalai Lama’s Sister

4 March 2010

The older sister of Tibetan leader-in-exile, the Dalai Lama, has been denied an entry-visa to Thailand over concerns that her admission may upset “another country”.  Jetsun Pema and her husband Tenpa Tsering intended to visit Thailand in order to take part in an event celebrating Tibetan art and culture.

Foreign Ministry representatives did not explicitly state which country would be upset if a visa was issued to Pema, although media sources presumed Thailand hoped not to incite China.

The Bangkok Art and Culture Center is hosting “From the Himalayas to the Chao Phya River,” from 5 – 7 March, an event celebrating Tibetan art and culture.  Pema was scheduled to speak about Buddhist education for Tibetans in exile.

The Foreign Minister’s secretary reportedly said that they “don’t have any problem with cultural and art events from Tibet, but wanted to reserve our right to reject any politically related issue which might affect good relations with another country”.

Media reported that lobbyists from the Chinese Embassy in Bangkok influenced Thailand’s decision, and called for the entire event to be cancelled.  Social critic Sulak Sivaraksa accused the government of submitting to pressure from China.


 
     


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