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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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Age Limit Set for Foreign Would-Be Husbands in Cambodia

21 March 2011

A partial ban has been imposed on foreign men trying to marry women in Cambodia. Foreign men will now have to be less than 50 years old, to meet the marriage requirements in Cambodia.

The government of Cambodia has sated that it is attempting to promote true love and marriages, and is trying to fight exploitation.

The ruling has been received with mixed feelings. The ban only affects foreign men, and does not apply towards Cambodian men or foreign women. Some people are saying that the ban seems unbalanced and discriminatory.

The Cambodian authorities appear to have received motivation as much from appearances as any other factor when issuing this ruling. A government worker has been quoted as saying that it was not “fitting” to see numerous young Cambodian women with older foreign men.

In regards to younger foreign men, another strict rule is in place - the man must have an income of at least $2,500 a month to marry a local Cambodian woman, which is much higher than an average citizen of Cambodia earns.

Couples can still marry outside of Cambodia, if they want to thwart this new law.


New Department to Develop Legal Structure for ICT Laws in Thailand

17 March 2011

Due to mounting concerns after the passage of the Electronic Transaction Act in Thailand, a new department will soon be established by the Information and Communications Technology Ministry to create laws aimed at regulating the electronic business environment. The new department will be charged with developing a legal infrastructure for ICT laws in Thailand, in effect of pressure for the business community due to the vastly increasing number of online business transactions and expanding use of e-commerce.  The new department would also enable existing laws to come into effect.

Currently, a Data Protection draft law is still idling in the approval process. This law would help protect people against their information being collected and processed by private-sector organizations.

Delays in the enforcement of ICT laws came were caused by recent and frequent changes in government, according to the director of the National Science and Technology Development Agency’s Legal Department.

She also stated that the Electronic Transaction Law would build an atmosphere of confidence between customers and businesses about purchasing and delivering products and services over the Internet.

Thailand has seven ICT laws on the burner, which it can enforce to create a legal infrastructure. These laws are as follows: the Electronic Transaction Act, the Electronic Transaction Amendment (Electronic Transaction Agency & e-document) Act, the Computer-related Crime law, a royal decree on Exemptions from the Electronic Transaction Act, a Royal Decree on Electronics in the Public Sector, a Royal Decree to Regulate e-Business Services relating to e-Transactions under the Electronic Transaction Act, and a Decree on Security Policy for Electronic Transactions.

Below is a summary of the above laws:

  • By granting electronic transactions the same legal status as that granted to transactions conducted by traditional methods, the Electronic Transaction Act will serve to promote more wide-spread use of electronic transactions.
  • The Electronic Transaction Amendment Act sets the ground for creating an Electronic Transaction Agency to promote the legal status of online documents, to include setting the standard for the generation and retention of online documents.
  • The Computer-related Crime Law criminalizes offences against computer systems and computer data, and the Royal Decree on Exemptions from the Electronic Transaction Act states that the Act will not be applicable to family matters.
  • The Royal Decree on Electronic Transactions in the Public Sector sets standards for electronic transactions between the public and private sectors
  • The Royal Decree to regulate e-Business Services relating to e-Transactions under the Electronic Transaction Act aims to maintain financial and commercial stability, strengthen the credibility and acceptance of e-transactions and to prevent damage to the public. An associated Royal Decree Regulating e-Payment Service Providers became effective in 2008, while the draft of another associated Royal Decree seeking to regulate certification authority is currently under consideration by the Council of State.
  • The Royal Decree on Security Policy for Electronic Transactions aims to provide acceptable standards for security measures protecting and creating reliability in electronic transactions.
 
     


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