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 : |
New Product Liability Act to Protect Individual Consumers
12 December 2007
A new product liability act, expected to be passed by the National Legislative Assembly at the end of this month, will impose liability on manufacturers, distributors and retailers for damages caused by defective products. The Act is believed to benefit qualified producers with good manufacturing standards while unqualified producers will be forced to upgrade production standards or be forced out of the market. The Act is expected to change the burden of proof from individual consumers to producers, who will have to prove they are not liable from damages caused by products they sell or manufacture. The Responsibly for Unsafe Products Bill will undergo a third and final hearing in the National Legislative Assembly tomorrow. |
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Human Rights in Thailand Improved; Civil and Political Rights Erode
11 December 2007
According to a report released by the Union for Civil Liberty, human rights in Thailand have improved in 2007. Positive steps Thailand has taken in pursuit of human rights in the past year include investigating extrajudicial killings that took place during the War on Drugs, enforcement of three new laws on human trafficking, dropping charges against persons protesting against the Thai-Malaysia gas pipeline and a Cabinet resolution to adopt the United Nations Convention against Torture and Cruel, Inhuman or Degrading Treatment or Punishment. Civil and political rights were considered to have eroded as a result of the coup and legislation passed by the Junta appointed National Legislative Assembly. |
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Controversial Clause in Security Bill Cut
7 December 2007
A controversial provision in the Internal Security Bill which granted immunity for security officials has been dropped over concerns that the Bill would give excessive power to security officials. The emission of this provision means that the officials can be charged with civil and criminal offenses related to their actions. The controversial Internal Security Bill, which is now being revised in committee, will soon be presented to the National Legislative Assembly. |
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Managed Floating Rate Changed for Currency Basket
4 December 2007
The Bank of Thailand has abandoned the managed floating exchange rate regime adopted in 1997 for the old system of basket of currencies. The change in the baht management system was reportedly a measure designed to allow management of the stability of the baht more efficiently. The basket currency system, which will measure the bahts appreciation and depreciation against not only the dollar but also the yen and the Euro, will be used as a system of management at least until the elected government comes in and makes further arrangements. The Central Bank does not plan to fix the baht at any particular level but will rely on the currencies of trading partners and rivals to adjust the baht. |
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NLA to Pass Laws to Boost Economy
3 December 2007
According to media sources the National Legislative Assembly is gearing up to pass legislation which will boost the financial standing of the country before being succeeded by the new administration. Among the important pieces of legislation under consideration is the Bank of Thailand (BOT) Act which would give the BOT greater flexibility in macroeconomic management. Another important piece of legislation which the government is reportedly giving priority to passing is the Financial Institutions and Insurance Bill which will increase limits on foreign ownership of banks and insurers to 49 percent. A third law the Surayud government is reportedly intending to pass is the Deposit Insurance Agency bill. |
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Financial Institutions Business Act to Shake Up Industry
3 December 2007
Financial analysts predict that deposit insurance, which is mandated by the Financial Institutions Business Act, will cause small banks to struggle to attract depositors who will be more concerned with financial security than with interest rates. There is also reportedly consensus amongst the National Legislative Assembly that the government needs to develop its financial market. Other draft laws which are expected to pass the National Legislative Assembly include the Public Debt Management Bill and the State Enterprise Corporation Act. |
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