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 : |
National Security Bill May Be Left to Next Administration
17 July 2007
According to media sources, the Internal Security Operations Command has reported that the government is in no rush to pass the National Security Bill, a piece of legislation that many see as a threat to human rights. Although the bill, currently being reviewed by the government and the Council of State, may be slow to pass, government officials reportedly stated that the bill is necessary to minimize national security threats including narcotics, terrorist attacks, trouble in the Deep South and illegal immigrants. Opponents are worried that provisions in the bill overlap with provisions in Council for Democratic Reform decrees for martial law and public administration in emergency situations and therefore offenders could therefore be punished under two sets of legislation. |
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New Medical Malpractice Bill to Be Introduced
17 July 2007
According to a Bangkok Post article, the number of medial malpractice claims has risen to about 300 annually. More than half of the cases submitted to the Medical Council between 1988-2006 have to do with medical malpractice with the remainder regarding exaggerated health service advertisements and excessively expensive treatments. The Public Health Ministry is reportedly attempting to reduce malpractice claims by training health staff to deal with problem resulting from misunderstandings between patients and medical practitioners. The Public Health Ministry has also reportedly drafted a new bill regarding compensation for medical malpractice victims. The bill, which has been sent to the cabinet for consideration, would allow patients to settle complaints through the Medical Council without having to go to court. The draft bill has been criticized by civic groups and academics for giving medical practitioners immunity from criminal prosecution. |
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Limit on Overseas Investment Lifted
13 July 2007
Tarisa Watanagase, the Bank of Thailand Governor, has announced that listed companies will be able to invest an unlimited amount overseas. Presently Thai companies are allowed to invest US $50 million overseas per annum. It is hoped that the new regulation, which will be submitted to the Finance Ministry and the Securities and Exchange Commission for review, will assist with easing the pressure on the baht which is steadily appreciating against the US Dollar. A plan has also been announced to allow individual investors to invest in foreign stock exchanges. |
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Pregnant Women Spared from Death Sentence
12 July 2007
The National Legislative Assembly approved legal amendments yesterday which will spare pregnant women from the death penalty. The current Criminal Procedure Code postpones execution to one year after pregnant convicts on death row give birth. The new amendments are also to allow new mothers to raise their babies in prison for up to three years. |
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