Supreme Court Opinions |
DIVORCE
• Mrs.Thidatip Srirun vs. Mr. Lerts Srirun
The plaintiff registered her marriage with the first defendant, who thereafter registered a subsequent marriage with the second defendant and lived with the second defendant as husband and wife although the first defendant and the plaintiff had not yet divorced. The plaintiff filed a divorce in Thailand and claims for right to child support payment from the first defendant. The Supreme Court overturned the ruling of the Appellate Court on child support payment issues in this case.
CONDOMINIUM
• Miss Napit Injan vs. Sabkeaw Co., Ltd
The plaintiff (buyer) did not make the transfer of condominium ownership within the specified time as stated in the letter the defendant (seller) claimed was sent to the plaintiff, yet the defendant made another appointment to transfer ownership of the condominium unit at a later date, and permitted the plaintiff to inspect the cracks in the wall of the disputed unit. The court finds that, although the defendant's letter stated that the agreement would be terminated if the transfer of ownership was not made in the specified period, the agreement was not invalidated in this instance as the defendant's actions were indicative of the defendant's intentions to sell the condominium unit.
ADVERSE POSSESSION OF LAND
Mrs. Payoun Keawketthong et al. vs. Mr. Kamol Tanangsanakul by acting representatives Mr. Koukert Tanangsanakul et al.
Adverse possession of the land of another person, permitted according to section 1382 of the Civil and Commercial Code, is subject to possession of land with a title deed only and based on the condition that the trespasser must have resided on the land for a continuous period of 10 years or more. Based on this condition, the defendants were deemed not entitled to ownership of the disputed land.
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Thailand
Legal News Updates:
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NEWS : |
Surayud Signs Japan-Thailand FTA
4 April 2007
Prime Minister Surayud Chulanont signed the Japan-Thailand Economic Partnership Agreement (JTEPA) in Tokyo yesterday according to media sources. The agreement, for which negotiations began under the Thaksin administration 5 years ago, is controversial and media sources have reported protests from non-governmental organizations. Non-governmental organizations opposed to the FTA claim that the agreement would allow Japan to control micro-organism patents and may allow toxic wastes to be dumped in Thailand. According to media reports, representative from the shipping and exporting industry are in favor of the Free Trade Agreement as safe-guard measures will still apply to imported products threatening local industries. Further either party could cancel the agreement if it does not prove advantageous as long as they provide one year advance notice. Under the agreement Japanese import tariffs will be reduced on Thailand textiles, leather and agricultural products. In turn Thailand will open its market for imports of Japanese steel, automotive parts and some types of fruit. |
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New Law to Prohibit Use of Mobile Phone While Driving
3 April 2007
The Justice Ministry will reportedly ask the Cabinet to consider enforcing a law prohibiting drivers from using mobile phones today. The prohibition would extend to hands free mobile phones. The Justice Ministry has also proposed an amendment to the Road Traffic Act that would require drivers to take a breathalyzer test upon request. The amendment is currently under review by the National Legislative Assembly. |
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Vehicle Regulations to be Strengthened in Light of Recent Crash
1 April 2007
According to media sources the director of the Department of Land Transport, Engineering and Safety Office is planning to tighten restrictions of public buses after a 20 March 2007 highway accident in which 29 bus passengers were killed in Saraburi Province. New regulations would require public buses to undergo inspections twice a year as opposed to the current requirement of one time a year. The Department is also considering limiting the number of years for which public buses are served. Another program the Department is contemplating is establishing a professional training center for public bus drivers. |
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