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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 :

Advocacy Groups Calls for Compulsory Licensing Plan
29 August 2007

A local health advocacy group is urging politicians to make comprehensive compulsory licensing a part of national policy. Thailand began using compulsory licensing late last year and has already issued patents on three drugs. Advocates are worried that the new government will not include compulsory licensing in the national policy.

ASEAN Considering Sanctions for Nations Not Trading Freely
26 August 2007

Pressured by the expanding markets of China and India, the Association of Southeast Asian Nations (or ASEAN) is considering sanctions for nations who do not comply with free-trade agreements on time.  Aseans 10 member countries have come to a number of agreements aimed at destroying trade barriers.  Asean is reportedly currently negotiating free trade agreements with China, India, Japan and Southe Korea.

King Endorses Constitution
25 August 2007

The 2007 Constitution, Thailand's 18th constitution, came into effect on 24 August when the King gave royal assent at 4:49 pm.  The publication of the charter in the Royal Gazette means that it is has been promulgated into law.

EU Concerned About Thailand’s Compulsory Licensing
23 August 2007

According to media sources, Thailand’s Minister of Commerce has received a letter from the European Union Trade Commissioner stating that the government’s use of compulsory licensing to override patents on medicine “would be detrimental to the patent system, and so to innovation and development of new medicine”. This is despite a 12 July EU Parliament Resolution which states that the EU will fully support developing countries rights to implement a WTO agreement which allows compulsory licensing in certain circumstances. The Public Health Minister reportedly replied in a 12 August communication which stated that Thailand would purchase patented drugs if patent holders sell them at prices that are 5% above the lowest priced generic drug.

FBA Changes Should Be Deferred
23 August 2007

Former deputy prime minister MR Pridyathorn Devakula urged the government to leave the Foreign Business Act to be amended by the elected government according to media sources. Alternatively, he suggested that the services protected in Appendix Three of businesses restricted to foreigners should be minimized or obliterated. Representative from the Joint Foreign Chambers of Commerce were also in attendance at the seminar organized by the Sasin Graduate School, the Ministry of Commerce and a local newspaper. A representative from the Foreign Chambers of Commerce reportedly stated the proposed amendments to the Foreign Business Act created a bad impression amongst investors and that Thailand should be cautious of rival countries such as Vietnam and China.

Laws on Assets Seizures to be Amended
22 August 2007

The cabinet has reportedly approved three documents introduced by the Justice Ministry which would authorize the National Counter Corruption Commission (NCCC) to seize the assets of criminals who can not explain their origin. Under the amendments to the International Cooperation of Criminal Cases Act, if criminals cannot verify that assets were gained through lawful means the NCCC must ask the court to seize the assets. Current owners will reportedly be given the opportunity to prove that assets were lawfully gained before a court ruling on whether the assets will be seized. The law also increases the obligations of Thai law enforcement officers to aid the work of foreign law enforcement officers by arranging video conferences to facilitate long distance questioning. The United Nation’s 2003 Convention Against Justice was reportedly taken into consideration during the revision of the laws.

 
     
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