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 : |
Junta Okay with State Religion
25 April 2007
A spokesman for the Council for National Security (CNS) announced yesterday that CNS did not oppose recognizing Buddhism as the state religion according to media sources. The announcement was made after rallies and campaigns by over 20 Buddhist advocacy groups petitioning for the inclusion of a clause stipulating Buddhism as the state religion in the new constitution. |
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Activist Oppose Amended Rape Law
25 April 2007
Although the version of the sexual crimes law presented before the National Legislative Assembly yesterday contains a long-campaigned for provision criminalizing the rape of a wife by her husband, activists are still unsatisfied with the final result according to media sources. The amended version defines rape as an act "to serve one's sexual desires". Activists state that rape is often committed to assert power or violence. |
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Annual Alien Labor Registration to End
25 April 2007
The Ministry of Labor announced yesterday that they will be doing away with the annual registration system which undocumented workers from Cambodia, Laos, and Burma to legalize their status. Undocumented workers, whose nationalities are verified by officials from their countries, will be allowed to continue to work in Thailand. Verifications centers have been established in Khon Kaen, Chonburi, Chiang Rai, Songkhla, Surat Thani and Bangkok and verified workers will receive a certificate of identity. The Ministry of Labor plans to begin the repatriation of undocumented workers next year. If a draft amendment is passed, labor placement agencies will be authorized to import legal alien workers. |
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Ministry of Culture Proposes New Film Bill
22 April 2007
The Ministry of Culture will submit a new film bill to the National Legislative Assembly for review according to media sources. If the bill passes it will replace the Thai Film Act which is over 70 years old. Ministry sources say the greatest change that the new bill will introduce is a film-rating system. Film critics worry that the system could stifle artistic freedom. Film-makers, film-lovers and film critics have been campaigning for a new film act with heightened intensity since "Saeng Sattawat" was censored by the Thai Board of Censors. Activists would like to see a new bill without a Board of Censors, however, some worry that the Ministry of Culture bill may not include the wished for reforms. |
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