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 : |
Stricter Requirements for Business Visa Introduced
08 August 2007
The Royal Thai Police Department has revised the requirements for non-immigrant Business Visas. Copies of the petitioning company’s balance sheets and income statements, certificates of registered incorporation, income tax reports, and monthly social security contributions must now be certified by officers at the Ministry of Commerce, Revenue Department and/or Social Security Office before they are included in an application for a foreign national’s employment based business visa. The revised regulations also first the time require photographs of the company’s office and employees working in the office to be included with the application. The new requirements were scheduled to go into effect on 13 July 2007, however, it has been reported that immigration officers had not yet been enforcing the new regulation. |
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Speedy Passage of Retail Act Urged
07 August 2007
According to media sources, a senior Commerce Ministry official has stated that retail giants have drafted two year plans in which they plot a rapid expansion over the Kingdom of Thailand before the a new Retail Act is implemented. In another development, small retailers marched on the Government House and the Ministry of Commerce last week urging the speedy passage of the Act. |
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New Proposed FBA Amendment to Prevent Nominees
07 August 2007
National Legislative Assembly members will reportedly bring a “management” control amendment to the Foreign Business Act before the Assembly for a vote today. The National Legislative Assembly has already passed two different versions of amendments to the Foreign Business Act which are currently being revised in committee. Both versions modify the definition of a foreign company to include companies in which a majority of voting rights are held by Thai nationals. This amendment to the FBA closes a loophole commonly used by foreigners to register Thai companies and still control the company by holding greater voting rights despite minority shareholding. The management control amendment would further erode foreigner’s abilities to control Thai companies as the amendment would reportedly define ownership of company in terms of management rather than share holdings, as in the current FBA, or shareholding and voting rights, as in the approved FBA amendments. |
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NLA Rejects Public Welfare Organization for the Disabled
04 August 2007
The National Legislative Assembly has voted against the establishment of a public organization for the disabled. The draft bill reviewed and approved by a panel of visually and hearing impaired persons was voted against. Proponents of the draft bill believed the establishment of an agency would help to protect the rights, improve the living conditions and engage in fiscal budget management of funds for the disabled. Detractors believed establishing a public organization was not possible according to state regulations. |
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