Thailand Legal and Business News: May 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.

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UN High Court Receives New Case from Cambodia

30 May 2011

On May 30, 2011, Cambodia initiated what could become a lengthy, vicious legal battle within the UN’s highest court based in The Hague. Cambodia has asked the International Court of Justice to develop measures that would require the withdrawal of Thai troops from the area around the Preah Vihear temple.

The temple has been at the center of deadly clashes between Thai and Cambodian troops for years now, after the court ruled in 1962 that it belonged to Cambodia. The skirmishes intensified after the temple was declared a World Heritage site by UNESCO in 2008.

A statement taken from Thailand’s caretaker Foreign Minister, Kasit Piromya, portrays a different outlook from Thai officials. “We have never contested or disputed the court’s decision on the temple,” he told reporters.

Thailand claimed that its dispute stems from the small 4.6 kilometer area encompassing the temple grounds, and not the temple itself.

Cambodia has asked the International court of Justice to explain its previous ruling regarding awarding temple ownership to Cambodia.

The court has provided for two days in which the public can provide submissions, and then after this point judges will meet to issue a ruling on the matter.

Related Documents:

International Court of Justice Ruling in 1962 on Preah Viheear Temple in Cambodia

Preah Vihear Temple

Preah Vihear Temple News 2008

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