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 : |
Elite Card Fee May Rise
09 July 2007
According to media sources, the Thailand Privilege Card Company is considering raising its lifetime membership fees for the Elite Card to 1.5 million baht from the current rate of 1 million baht. The Elite Card program was launched by Thaksin Shinawatre in 2003 to draw high-end tourists to Thailand by promising property leases, immigration privileges and discounts at spas, hotels and resorts. According to one report, the program has attracted only 2,185 of the one million cardholders the company hoped to sign on by 2008. The company is also reportedly registering losses of millions of baht per year. The Thailand Privilege Card Company is also planning to cut card privileges, and spa and golf services may be reduced. |
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CDA Approves Constitution
07 July 2007
The Constitutional Drafting Assembly endorsed the draft charter yesterday. Formed on 8 January, the assembly took 180 days to draft the charter constitution. The final draft will be published and distributed on 31 July in time for the national referendum on 19 August. The 309 article charter limits the prime minister’s term to 8 years, prohibits the government from holding majority stake in media companies and extends financial disclosure regulations to all members of the Parliament. The size of the Parliament is also reduced with over half of the members of the Senate to be appointed by a special committee. |
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Referendum Law Criticized as Misleading
06 July 2007
The referendum bill, which is currently being read for the second time in the National Legislative Assembly, is under criticism for being misleading. The name of the draft law, critics state, lead the public to believe it is about referendum procedures when actually the greater substance of the bill stipulates punishments for persons making trouble, interfering or doing anything to disrupt the referendum. If the draft law is passed, persons with influence (including members of the Constitution Drafting Assembly) will be prohibited from using influence to persuade the populace to cast votes either for or against the draft constitution. |
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EGAT Officials to Propose Change in Nuclear Energy Laws
06 July 2007
The director of the mechanical engineering division of the Electricity Generating Authority of Thailand (EGAT) has reportedly stated that nuclear energy laws should be revised to allow for the construction of two nuclear power plants for the generation of electricity. Thailand’s Atomic Energy for Peace Act only allows nuclear energy to be used for medical treatment and food preservation. The Energy Ministry is reportedly in the process of forming a committee to study nuclear power implementation. |
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