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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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Thailand Legal News Updates:

NEWS :

Thailand’s Cabinet approves Two Amendments to Constitution

3 November 2010

On Tuesday, the Thai Cabinet approved two proposed amendments to Thailand’s constitution, while leaving three other proposed amendments up for further discussion.

Section 190, which involves the approval process for international treaties, and a small handful of sections from 93 to 98 dealing with the electoral system were part of the Cabinet’s approved amendments. Section 190 specifically requires parliamentary approval for all international treaties.

The proposed amendments to sections 93 to 98 suggest that that House have 500 MPs, 375 from the one-person, one-vote electoral system and the remainder from a single nationwide party list.

The Cabinet will be discussing the final approval of a draft of the proposed amendments on Nov 16, before forwarding this draft to the Thai Parliament.  Prime Minister Abhisit Vejjajiva has asked that the final draft be given to parliament for consideration before the end of the session this month.

The Thai Cabinet did not reach a decision on the other three areas proposed for amendment, sections 11 to 121, Section 237 and Section 266, because common ground could not be found to make a final agreement.


Thai Taxes Reduced for Flood Victims

3 November 2010

The Thailand Cabinet yesterday agreed to decrease personal and corporate income tax for people affected by the floods, as well as for individuals that donate money to assist victims of the flooding.

Businesses or individuals that provide assistance with organizing fund drives for the flooding, or that donate directly, will also be entitled to the tax cuts.

The tax cuts will be applicable to donations and any damage caused by the floods from September through December of this year. When individual donors submit their tax forms next year, they will need to provide receipts in order to receive the tax cut.

The amount that can be considered tax deductible:

For companies that receive donations or contribute donations directly, the tax deductible amount will be calculated based on the amount of money donated. The amount can not go beyond 2% of the company’s annual net profit.

For individuals who donate to the flood relief efforts, the tax deductible amount will also be based on the size of the donation, but is not to exceed 10% of the individual’s net personal income.

The Prime Minister of Thailand, Abhisit Vejajjiva, stated that all ministries had been given instructions to re-direct any unspent funds from the 2010 fiscal year to help with the flood relief efforts. If the 2011 budget for emergency relief operations (47 billion baht) is not enough, the Thai government will also withdraw 4.2 billion baht from the Thai Khem Kaeng economic stimulus program. 


Domestic Violence Pilot Project Launched in Lampang and Surin Provinces

1 November 2010

After social welfare advocates discovered that domestic violence against women and children was drastically on the rise in Lampang and Surin, the two provinces were assigned to host a pilot project to raise awareness about abuse and violence against women.

Lampang and Surin provinces were chosen for the project because a large number of domestic violence cases against women and children were not reported in these two locations, due to the victims’ feelings of shame, embarrassment and fear of shaming the family. 

The campaign has the support of Her Royal Highness Princess Bajrakitiyabha, and already has a list of over 1,000 women wishing to join the campaign in Lampang Province. It is also part of a larger package of country-wide initiatives that aim to the mark the International Day for the Elimination of Violence against Women on November 25.

The governor of Surin Province stated that the project would be in effect in all districts of the province starting on November 25.

A local farmer in Surin’s Prasat district stated that due to the faster pace of life caused by modern developments, some families become easily angry and agitated when a problem arises. This process has led to an increase in domestic violence in her area, as well as an increase in the severity of the violence.


 
     


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