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 : |
NLA Retail Law Draft to Be Voted Upon
18 August 2007
A version of the Retail and Wholesale Business Act, drafted by National Legislative Assembly members, will reportedly be voted on at next weeks meeting. The new draft differs from the government’s version, which was approved by the cabinet in May and is currently be considered by the Council of State, in several respects. The NLA version gives a national retailing supervisory committee the authority to approve store expansion throughout the country, instead of a provincial administration, as in the government’s version. A National Legislative Assembly member reportedly stated that provisions in the act would require large retailers to cooperate and support smaller retailers. |
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Websites Allegedly Being Blocked Without Court Order
18 August 2007
Webmasters and legal experts complained yesterday that the government was blocking access to websites without court approval. The recently passed Cyber Crime Act gives the government permission to block certain websites with court approval. Webmasters however have reportedly received phone calls and threats from unnamed government officials criticizing the content of their websites and threatening to ban them. Legal experts have reportedly asked the government to consider the scope of their authority under the Cyber Crimes Act and alter their behavior accordingly. |
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Conference: State Policies Discriminatory toward Transgender Persons
18 August 2007
A conference hosted on the “Political Economy of Gender” at Thammasat University has questioned the government policies of listing a person’s title (which is defined in terms of gender) on government identification cards. A queer woman at the conference said that after she lost her ATM card and reported the loss at the bank, she experienced difficulty because the bank teller thought her appearance was different from the title (”sir”) listed on her identification card. As a result the woman claimed to have lost up to 200,000 baht. |
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Nationality Bill Fails
18 August 2007
The Nationality Bill failed to pass the National Legislative Assembly (NLA) yesterday. The bill would have relaxed several restrictions on Thai nationality. According to media sources, the bill did not pass because senate members were worried relaxing restrictions could affect national security. |
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