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 : |
Dispute Over Compulsory Licensing of Anti-Aids Meds
20 April 2007
According to media sources, Abbott, the patent holder of the anti-Aids drug Aluvia withdrew its introduction of Aluvia to Thailand after the government announced compulsory licensing. The compulsory licensing requirement allows the state to override drug patents to import or produce more inexpensive versions the medicine for emergency use. Thailand is currently looking to import a generic version of Aluvia from a producer in India. |
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Medical Emergency Bill Approved
11 April 2007
The cabinet yesterday approved draft legislation on medical emergencies which is intended to safeguard patients from substandard rescue operations. The bill which is proposed by the Public Health Minster will protect the rights of patients to receive treatment from experienced rescue units. The bill will also require hospitals to treat accident emergency patients even if they are unable to pay for the medical bills. |
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Revised Amendments to Foreign Business Act Approved by Cabinet
10 April 2007
According to media sources the Cabinet endorsed revised amendments to the Foreign Business Act on 10 April 2007. These most recent FBA amendments, like the January version, await approval by the National Legislative Assembly. An earlier alternative to the January amendments, generally regarded to be more lenient to foreign investors, was rejected by the Cabinet. The 10 April Amendments incorporate aspects from both previous sets of FBA amendments, including the controversial provision that would define a business entity in which the majority of shareholders or voting rights are held by foreign nationals as foreign. Also like the previous two versions, Thai companies that would become foreign companies operating in Restricted List Three would reportedly be grandfathered in under the existing legislation. Thai companies that would become foreign companies operating in Restricted Lists One and Two would be given three years to adjust shareholding structure instead of two years as in the January amendments. As in the rejected version of the amendments, a committee would be formed to oversee provisions of the Foreign Business Act. However the committee would not have the power to consider issues such as nominee shareholders and voting rights on a case by case basis but would serve to determine if the ownership of a company is Thai or Foreign in the case of a dispute. |
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Move to Reduce NHR Members Deadlocked
09 April 2007
A motion to reduce the number of National Human Rights commission members resulted in deadlock at a meeting of the Constitution Drafting Committee yesterday. Persons supporting the reduction of 11 members to 3 to 5 members stated that some of the current members are incompetent and idle. Opponents of the move have stated that plenty of work awaits NHR members and that reducing the number of members would send the wrong message to the international community. |
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