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 : |
PM: Must Eradicate Corruption by Strengthening Rule of Law
3 July 2007
In a televised speech yesterday Prime Minister Surayud Chulanont spoke about the importance of recognizing the rule of law which came under attack during the last administration. PM Surayud stated that his battle plan to combat corruption was comprised of four different strategies. First the actions of the government should be transparent. Second the law must be seen to work and persons who have broken the law must be punished. PM Surayud noted that at least 13 major corruption allegations are being investigated. Third all laws related to corruption should be reviewed and strengthened. Finally the Royal Thai Police must be reformed. PM Surayud also stated that closing the gap between the rich and the poor in an affordable and sustainable way is the most important goal of any government |
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Emissions Charge to be Finalized
2 July 2007
The Ministry of Industries has reportedly finalized the formula for an emissions charge. The environment tax will affect petrochemical, oil refineries, steel and power generating plants and will be calculated based on the plant’s size and amount of emission of certain chemicals. The tax will reportedly be paid on a voluntary basis for the first two years after which the Industry and Finance ministries will enforce an environment tax on all plants nationwide. |
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NLA Urged to Stop Passing Laws Governing Media Affairs
2 July 2007
The Campaign for Media Reform (CMR) has reportedly criticized the National Legislative Assembly (NLA) for passing laws promoting the cause of national security while stifling free speech. The CMR has stated that the Cyber Crime Act, to come into effect on 18 July, will permit state officials to prosecute computer users if they are deemed a threat to national security. The CMR believes that the new media laws will give the government greater control over media outlets. |
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NLA Urged to Approve Retail Law
2 July 2007
An executive of the Thai Chamber of Commerce has reportedly urged the Council of State to speed up its deliberation of the draft Retail Law. The Chamber of Commerce executive believes that an extended deliberation period will give large retailers the opportunity to open new outlets before the passage of a new law. Proponents of the retail bill believe it will protect small retailers and encourage large retailers to establish outlets consistent with the economy and density of local communities. |
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