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 : |
Council of State to Reconsider Retail Bill
25 July 2007
The Council of State reportedly plans to send the retail business draft back to the National Legislative Assembly out of concerns that the law would not control the expansion of retail giants. The Council of State’s decision comes amid protests from local retailers urging the government to implement measures to stop the giant retailer while the draft law is being finalized. The Council of State has reportedly spent 3 months reviewing the draft; however, a representative from the Ministry of Commerce said that if the draft is sent back the review process would be accelerated. |
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Tax Increase on Junk Foods
24 July 2007
According to media reports, Public Health Minister Mongkol Na Songkhla announced yesterday that the future government should increase taxes for fast food, carbonated soft drinks and sweets on a schedule based on their sugar ratio. The tax would attempt to discourage consumption of unhealthy foods and thus help to reduce the risk of coronary heart disease. |
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BOT to Allow Exporters to Hold Dollars
20 July 2007
The Bank of Thailand announced yesterday that it is introducing a plan to ease pressure on the baht. The new measures would allow exporters to hold dollars earned from export sales with no restrictions. Present regulations require foreign currency earnings to be exchanged for dollars within 15 days of receipt. The Bank of Thailand also announced plans to allow individual Thais to hold up to $100,000 in Thailand bank accounts. Local brokers and assets management companies would be given more freedom to direct investments of Thai individual and companies in foreign securities market. The new regulations will be considered by the cabinet on Tuesday. |
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Ban on Political Activities Lifted
19 July 2007
The National Legislative Assembly passed a bill yesterday lifting the ban on political activities and prohibiting the registration of new political parties according to media sources. Council of Democratic Reform Announcements 15 and 27 prohibited the parties from conducting activities and new parties from registering after the 19 September coup. The legislation will be presented to the King for approval and will take effect after being published in the Royal Thai Government Gazette. |
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BOT Considers Measures to Control Baht
17 July 2007
The Bank of Thailand is reportedly considering additional measures to control the baht. According to media sources, BOT Governor Tarisa Watanagase met with the Joint Public/Private Committee yesterday and seven short term and four medium and long term measures were proposed to rein in the baht. Proposals included extending the period in which exporters could hold dollars and lifting the $200 million dollar limit which exporters are allowed to hold. The government could also encourage businesses to pay off foreign debt which would boost the demand for US dollars. Long term measures include establishing a fund to handle the baht’s appreciation and encouraging local investors to invest abroad. |
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