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.
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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The content of this website is provided with the assistance of Chaninat and Leeds, a full practice law firm in Thailand. Thai and US attorneys at Chaninat and Leeds specialize in divorce law in Thailand.
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Thailand
Legal News Updates:
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NEWS : |
Draft of Customs Law is Complete
15 February 2011
The Customs draft law has now been completed after a two-year process to re-design the law in order to allow Thailand to remain competitive.
The reward to Customs Officers will be cut from 25 percent of penalties levied to be 15 percent, and the total amount to be rewarded to Customs officers will now be capped at a maximum amount of 5 million baht per case.
The reduction in the percentage of penalties and the cap on the reward amount will nix a conflict of interest existing for Customs officers who are in charge of facilitating trade. The draft law will also make it easier for Thai nationals to request an appeal of Customs Department judgments. Due to the upcoming integration of ASEAN in 2015, Thailand businesses and companies will come up against more rigorous competition. The draft law helps provide a framework for reforms that will be necessary for Thailand to remain competitive and succeed in the new environment.
Due to the current law, if a citizen takes the Customs Department to court and loses, a penalty could be as much as twenty to thirty times higher than what would be fined if an individual settled at the Customs Department. This motivates individuals to settle directly with the Customs Department and not take the case to court, regardless of the ruling levied by the Customs Department.
Various penalties are being introduced through the draft law, which will match the severity of the transgression instead of the somewhat inconsistent system being practiced currently. The draft law will also provide for more consistent duty valuations, allow for easier access to the Thai courts, and reform the reward system. Businesses will now be able to create a reliable estimate for importation costs as the department will now be able to inform businesses about the taxes and duties to be levied on machinery, products, materials or other items they would like to import before they purchase it. The law also will allow for a new service to be introduced to alert businesses to all of the required permits needed to import and export certain goods and materials to circumvent mistakes and delays. In addition, some activities will now be able to be done online due to a new website. Judges will be provided the ability to assess low penalties for issues such as administrative mistakes. This kind of situation led to serious problems in the past, as big fines could be levied on overseas investors operating large-scale manufacturing facilities due to a mistake at Customs.
A new electronic system linking several state agencies will also allow businesses to obtain necessary permits and paperwork without having to travel to where the departments are located. |
Government of Thailand Seeks Kings Approval of Charter Amendments
12 February 2011
The Prime Minister of Thailand, Abhisit Vejjajiva , is set to ask the King of Thailand for approval of amendments made to Thailand's 2007 Constitution after the amendments received endorsement by the Thai Upper and Lower Houses.
The Thai House of Representatives and Senate passed the third and final reading of a draft bill of an amendment to Article 190 of the Constitution, which will require prior approval by the Thai Parliament before any contract is signed or legislation is approved concerning Thai territory or overseas territory governed by Thailand. This draft law will also apply to any legislation that has a large-scale impact on Thai social or economic security or will lead to substantial investment, trade or budget commitments on behalf of the country.
This amendment also provides that the Thai Parliament set out a law stating criteria for any laws or international agreements falling under the scope covered by Article 190.
The joint committee of Thailand's Upper and Lower Houses also passed a final reading of a draft bill concerning amendments to Articles 93-98 of the Constitution, which will require the Thai House to have 500 MPs, with 375 seats to be filled by single-MP constituencies, and the remaining amount of 125 MPs to be appointed under the party-list system.
No members of opposition party Puea Thai were present for voting on the Thai Charter amendment bills, as the opposition party staged a walk-out for the vote. The walk-out was coordinated after the Thai Parliament President ruled that the first and second readings of Thai Charter Amendment bills were not in violation of regulation No. 86. The Bangkok Constitutional Court will soon rule whether the charter amendment process met all legal requirements, in effect of a petition submitted by Puea Thai. |
Thai Cabinet to Consider Customs Law Amendments
10 February 2011
In an effort to reduce costs for importers and exporters and raise Thailand’s competitiveness, the Thai Finance Ministry will ask the Cabinet for approval to amend customs law.
One amendment would be aimed at ending a conflict of interest between tax officials by decreasing the share of penalties being awarded to Customs officials from 25 per cent to 15 per cent of the goods’ value, with a 5 million baht cap per case. This amendment has been suggested as importers have lobbied complaints that the large rewards offered currently enticed Customs officers to take advantage of the importers.
Other amendments will also be debated, including allowing the courts to levy penalties according to the type and severity of offense. The strongest penalties would be reserved for smugglers, while administrative errors would garner a penalty of 0.5 to 4 percent of the import value.
Under the current law, if an importer has lost a court case against the Customs Department, judges must impose a fixed penalty of 20 to 30 times the amount paid for settling the dispute.
The Customs Department is also providing new services to importers and exporters where importers can receive information from the department about tariff rates and calculations in advance of bringing goods into the country. Information will also be provided about the correct state agencies that the importers and exporters must contact about licensing, and the department’s new website provides an accessible forum for businesses to perform many functions online, including obtaining permits from other agencies.
The reforms will be instituted in order to foster growth in investment and international trade in Thailand, which depends on its exports as well as direct investment from international sources. The changes will allow Thailand to become more competitive and attract more foreign investment. The reward system will not be cancelled for Customs officials. |
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