Thailand Legal and Business News: May 2010

Supreme Court Opinions

GROUNDS FOR DIVORCE
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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Chaninat & Leeds has assisted with content preparation for the Thailand Law Forum. Managed by an American lowyer, the law firm has experienced Thailand surrogacy lawyers on staff

Thailand Legal News Updates:

NEWS :

New Thailand Surrogacy Draft Law Passed

12 May 2010

A draft law that will regulate various surrogacy practices in Thailand has been approved by the Cabinet. The law intends to both protect children born using Assisted Reproductive Technologies (ART) and their surrogate mothers, media reported.

Currently, there is no law in Thailand that expressly regulates surrogacy practices. This draft is an attempt to regulate the quickly-growing surrogacy industry in Thailand.

Two types of surrogacy are permitted in the draft: a married couple that uses their (respective) sperm and egg; and a married couple that uses either the egg or sperm of another person.

The Juvenile and Family Court is given authority to preside over paternity cases for ART children. A committee will be formed to protect these children as well.

The surrogate mother must be married and her husband must give consent to the surrogacy processes’ use of another man’s sperm.

The Medical Council of Thailand is given authority to set regulations and specifications around the use and support of surrogate mothers prior to and after the pregnancy.

Sperm and egg donation practices are regulated, as are provisions for whom may provide ART as well as punishments for unethical doctors.

Related Articles:

New Draft Law to Regulate Surrogacy in Thailand

Cabinet Approves Law Amendment to Begin SET Liberalization

12 May 2010

An amendment to the Securities and Exchange Act that will allow the Stock Exchange of Thailand (SET) to be a public company has been approved by Cabinet ministers.

The Finance Ministry proposed this amendment as the beginning of the demutualization of the SET. One form of demutualization is the process of changing a quasi-public organization into a public company. Supporters say the change will make the SET more competitive in the global market.

The SET currently holds a monopoly in the country as the only security exchange. The amendment and future changes will eliminate this monopoly.

The amendment has to go to the Council of State for review, and then must be approved by the Cabinet and, finally, the Parliament.

The three-year reform plan of the SET plans to have completed the demutualization process by next year, 2011.

Renewable Energy Gets a Boost

7 May 2010

An annual amount of Bt1million has been set aside by the Provincial Electricity Authority (PEA) for renewable energy projects. PEA’s subsidiary, PEA Encom International, will undertake the first of many anticipated projects.

The first such project is one to generate wood scrap energy at over 100 sites owned by the Forestry Industry Organization. The cost is expected to be approximately Bt8 billion over the next several years. Cabinet is expected to approve this project within the year.

A second anticipated project would be one that generates used energy from used palm oil; the generating plant is expected to be located in Krabi Province.

Such increased interest in renewable and alternative energy sources follows a government plan to increase commercial energy from renewable sources to 20 percent by 2022, media reported. Currently, 90% of Thailand’s energy comes from gas, coal and lignite.

Also, the Asian Development Bank approved a Bt2.27 billion loan to a Lop Buri Province-based solar-power plant, as well as a $2 million dollar grant for “contingency costs” that are expected to come from using the solar technology on a large scale.

Related Articles:

Renewable Energy in Thailand: Green Policies Take Off

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