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THE GROUND FOR DIVORCETS
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi

The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.

SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse

The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.

NON-MONETARY DAMAGES AND ACTING ON BEHALF OF A MINOR
Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom

The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.
 
Thailand Legal News Updates:

NEWS :

Police Officers to Have Say in Bill to Reform Thai Police
12 July 2007

Hearings to accept opinions from the public, including police officers, on a police reform bill will begin on 18 July according to media sources. The Minister of Justice has also suggested that the Royal Thai Police draft a bill which will be considered alongside the government version. The reform of the structuring of the Royal Thai Police department comes amongst negative public sentiments about the police force according to surveys.


Drivers Banned From Using Mobile Phones
11 July 2007

The cabinet approved draft legislation yesterday which prohibits drivers from using handheld mobile phones while behind the wheel. A ban on handheld mobile phones in New York City is believed to have reduced the number of accidents. The bill is to be forwarded to the National Legislative Assembly for review and approval.


New Surrogacy Bill Drafted
09 July 2007

Activists, academics and parents using surrogacy technology are calling for new laws to recognize the technology. According to the Civil and Commercial Code, personhood begins with the completion of birth as a living child. The woman who bears the child is the child’s mother and if the woman is married then her partner is the child’s father.

If a bill drafted by a committee established by the Council of State becomes law, certain persons providing reproductive cells for a surrogate birth would have legal rights as parents for the first time. In order to be recognized as legal parents, however, the persons providing the genetic material would have to seek court approval. In the absence of court approval, the surrogate mother would be the legal parent of a child conceived with the genetic material of other persons. The bill has been criticized for promoting a traditional definition of family and being overly bureaucratic.

The draft law only allows married Thai couples to receive court recognition as legal parents. One rationale mentioned for excluding homosexual male couples from contributing reproductive cells is that the use of the surrogate mother’s egg could give her equal legal rights as the parent of the child.

One advisor to couples conceiving children through surrogate mothers reportedly suggested that only widows or women who have previously given birth should become surrogate mothers to prevent disputes over the child. The draft law does not contain any provisions requiring surrogate mothers to have previously given birth. Surrogate mothers must be over 18 years of age, have consent from her husband if married and be able to submit paperwork proving that she has received sufficient medical, ethical and legal training regarding the surrogacy arrangement.

According to Thailand attorneys specializing in Thai surrogacy law, since there are currently no applicable laws relating to surrogacy in Thailand either prohibiting or sanctioning the practice, persons are advised to seek assistance from an attorney in order to secure their rights through contracts, private agreements or court orders of custody.

Some academics also support adding a provision giving retroactive rights to parenthood to the genetic parents of children born through surrogate mothers.

 
     

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