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Supreme Court Opinions

DIVORCE
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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
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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.

 
Thailand Legal News Updates:

NEWS :

Police Captain Clarifies Visa Exemption Rule and Recent Revision
29 April 2007

According to media sources, a Police Captain from the Phuket Provincial Immigration Office has made a statement regarding the 90-day visa rule and a revision schedule to go into effect on 1 May.  Under current regulations, foreigners who enter Thailand with "visas on arrival" are permitted to stay in Thailand for 90 days in a six-month period.  Under current regulations, the 90 days is counted from the day the foreigner enters the Kingdom on a "visa on arrival" regardless of whether the foreigner stays in Thailand for 90 subsequent days. Current regulations also only permit a foreigner to receive 3 "visas on arrival" in a 90 day period.  A new regulation scheduled to go into effect on 1 April 2007 will not limit the number of visa exemptions a foreigner may receive and will count the 90 days as the number of actual days that a foreigner stayed in the Kingdom.

Charter Paves Way for End of Death Penalty
27 May 2007

The Constitution Drafting Assembly voted to remove the expression "death penalty" from the draft charter thereby paving the way for an end to the death penalty in Thailand.  The non-inclusion of the death penalty in the charter does not mean that the death penalty will be prohibited but it does mean that future prohibition of the death penalty will face fewer obstacles.

Draft Charter Likely to be Rejected
27 April 2007


Media analysts have reported that the proposed new constitution is likely to be rejected.  Controversial clauses include a provision that would establish the Upper House by appointment rather than by election.  If passed the new constitution would create a special committee to resolve national crisis, however, the powers of the special committee are not clearly delineated nor is it clear what types of situations constitute a national crisis.  Another provision which could create social unrest is the inclusion of a clause recognizing Buddhism as the national religion.  Certain media analysts predict the constitution would fail to pass a national referendum.

NLA Votes for Ministry of Commerce FBA
26 April 2007

The National Legislative Assembly voted to amend the Ministry of Commerce's version of the Foreign Business Act at yesterday's meeting according to media sources.  The Ministry of Commerce version of the Foreign Business Act, passed by the Cabinet in early January was considered alongside a revised version of the FBA amendments passed by the Cabinet in early April.  The National Legislative Assembly established a panel to revise the draft to create protections for some local industries.  The revised version of the Ministry of Commerce's amendments is scheduled to be presented to the National Legislative Assembly on 2 May.

 
     
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