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 : |
30% Rule to Remain in Place
6 July 2007
The 30% reserve requirement on captial inflows imposed in December 2006 will remain in place according to media sources. Finance Minister Chalongphob Sussangkarn reportedly told the press at a recent Asian Development Bank conference that capital controls need to remain in place as long as “capital inflows remain volatile”. |
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Amendment to Draft Referendum Bill Urged
6 July 2007
Members of the Constitution Drafting Assembly and Committee urged amending the draft referendum bill to allow public relations campaigns to publicize the draft constitution and the referendum. The proposal was raised amidst concerns that the referendum bill would outlaw any publicity campaigns to spread information about the draft constitution. The referendum has been tentatively set for 19 August. |
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Wives/Girlfriends to Have the Right to Condom Use
5 July 2007
According to media sources, Public Health Minister Mongkol Na Songkhla told a Bangkok seminar that the use of condoms will be made legally mandatory at the insistence of wives or girlfriends. Public Health Minister Mongkol Na Songkhla is also reported to have stated that laws on social and gender equality are primary solutions for the AIDS problem. |
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Academics Warn Internal Security Act Totalitarian
5 July 2007
The proposed National Security Act should be resisted according to academics at a conference on academic freedom and the political crisis organized jointly by Thammasat and Mahidol Universities. Opponents claim that if the draft law is passed it would allow future army chiefs as the head of the Internal Security Operations Command (ISOC) to arrest people without warrants, detain arrested person for seven days and ban public gatherings. The burden of proof would reportedly be put on arrested persons who would not have the right to petition the court unless they could prove they were wrongly prosecuted. |
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