Thailand Legal and Business News: March 2011

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.

Credits:

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.

Thailand Legal News Updates:

NEWS :

Cigarette Prices to be Driven Up by New Laws

22 March 2011

Two tobacco tax valuation bills will be considered by the cabinet tomorrow. The bills are estimated to cause the retail prices of cigarettes to increase.

One bill would suggest that taxes be calculated from the retail prices of cigarettes instead of the ex-factory prices of the state enterprise Thailand Tobacco Monopoly for local cigarettes and the CIF (cost, insurance and freight) prices of imported cigarettes.

The use of the retail prices is thought to be easier and to result in fewer disputes.

The Second bill will establish minimum CIF prices to prevent cigarette importers from declaring prices that are too low so that they may reduce their taxes.

The recent suggested changes follow on the heels of long-running disputes between US tobacco company Phillip Morris and Thai authorities. A complaint was filed against Thailand with the World Trade Organization (WTO) by the Philippines-based location for Philip Morris in the region, stating that Thailand violated the 1994 General Agreement on Tariffs and Trade (GATT) in regards to valuation methods for Thai customs and value-added taxes on cigarettes imported from the Philippines-based plant.

Thailand responded by stating that the company understated the import prices. Under the WTO, a member country must follow the GATT valuation, which is determined by an importer when calculating customs tax. The WTO ruled in favor of Phillip Morris in November 2010, after which Thailand filed for an appeal.

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