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 : |
Charter Debated on TV
04 August 2007
Proponent and opponents of the draft constitution debated its virtues and vices in a three hour debate on TV yesterday. Some of the discussion was devoted to whether approval of the constitution was justified in light of the junta government. Supporters of the Constitution stated that they believed its approval was important to a return of the government to the people. Opponents on the other hand argued that endorsing the constitution would be recognizing the illegitimate actions of a government instated by a coup and usher in an era of bureaucratic rule in Thailand in which the elected government would be weak. Participants also debated specific points in the draft constitution. For example proponents believed that the provision stipulating that half the members of the senate would be appointed would create a stronger government. Opponents, on the other hand, believed the appointment of half of senators denied the people a right to choose their own representatives.
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Animal Cruelty Prevention Bill Drafted
03 August 2007
The Department of Livestock Development has asked for the public to comment on drafts of Thailand’s first animal cruelty prevention bill. The bill would punish persons inflicting pain, suffering or injury on animals with a maximum of two years imprisonment and/or a fine of 200,000 baht.
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Asean-Eu FTA on Track Despite Burma
03 August 2007
According to media sources, a Thai trade official has reported that the Asean-EU Free Trade Agreement is still on track despite the troubled political situation in Burma. The EU however reportedly previously said that it would not sign an agreement with Burma as a result of the country’s record of human rights abuses. The Thai trade official has reportedly said that all 10 Asean member states will be present for negotiations with the EU which will include 5 rounds of negotiations held in Europe and 4 held in Asia. According to the trade official the EU is hoping to sign an agreement which encompasses trade competition, government procurement and intellectual- property protection.
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Cabinet Passes Revised Draft Film Bill
02 August 2007
The Cabinet passed the Film and Video Act proposed by the Social Development and Human Security Ministry yesterday according to media sources. The Act specifies a rating system for movies. Children will have to seek the consent of their parents to view movies designated as PG (Parental Guidance) or PG-15. Movies designated NC-18 will be prohibited to viewers under age eighteen. Movies designated as X will be banned. Filmmakers, represented by the Directors Association of Thailand, are reportedly not opposed to the rating system in principal but have raised concerns over measures which would give law enforcers the authority to stop any shooting that they believe violates good moral standards or national security. The bill, originally proposed by the Social Development and Human Security Ministry, will be considered by the National Legislative Assembly.
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