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 Drafts Amendments to Telecom Law
22 August 2007
A National Legislative Assembly (NLA) subcommittee is drafting amendments to the telecoms law. A frequency law is also being drafted, to be followed by telecom and broadcasting laws, which will be in place for the establishment of a National Broadcasting and Telecommunications Commission (NBTC). The NBTC will be comprised of nine members, three selected from the broadcasting industry and three from the telecoms industry. The other three representatives will come from the economic, consumer protection and legal fields. Persons filling NBTC posts must not have had relations with telecom concession holders for at least two years.
The proposed changes to the telecoms law would be applied to all telecom operators holding concessions and licensees of the National Telecommunications Commission (NTC). The regulations would require telecom companies to share revenue on calls between networks. |
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Frequency Allocation Act to be Considered
21 August 2007
The science and communications committee of the National Legislative Assembly will submit for the NLA’s consideration a Frequency Allocation Act which if passed will establish a single regulatory body for broadcasting and telecommunications. The regulatory body would consist of nine commissioners with three from the broadcasting industry, three from the telecom industry and one member from the legal, economic and consumer protection fields. The committee would be responsible for regulating the entire industry. |
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Draft Charter Approved
20 August 2007
The draft charter was approved yesterday with the Election Commission reporting that 58.23% of voters supported the draft constitution and 41.77% of voters rejected it at a time when 95% of the ballots had been accounted for. Over 60% of voters in the northeast rejected the charter and nearly 46% of the voters in northern provinces rejected the charter. The highestpercentage of approval votes were lodged in the South (more than 87%) and Bangkok and the Central Region (more than 65%). The Election Commission chairman reportedly estimated a voter turn out ofless than 60% of eligible voters. |
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Developers Take Advantage of Customers
18 August 2007
According to a survey by the Office of the Consumer Protection Board, developers of housing estates are reportedly among the most likely of businesses to take advantage of customers. The Consumer Protection Board has reportedly received complaints from consumers that developers failed to carry through on promises made in agreements, especially regarding materials used in construction and building quality. Other buyers found they could not transfer ownership of their houses because developers had mortgaged the land or were not the real owners of the land on which their house was constructed. Some buyers reportedly found, after putting down a down payment, that they could not get a loan because the developer was in financial trouble. Consumers also complained of being deceived about the gold content or the weight of items bought from gold shops and about the quality of cars and motorcycles bought from used vehicles sales persons. The Consumer Protection Board receives complaints from consumers on the 1166 complaints hotline. |
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