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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.

 
Thailand Legal News Updates:

NEWS :

Corporate Social Responsibility Bill to Be Drafted
26 July 2007

The Social Development and Human Security Minster is drafting a bill to boost its Corporate Responsibly program. The program requires companies to consider how they can help society and the environment. The minister is working with the Finance Minister to create tax deductions for companies which give money to charities.

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.

Cabinet Approves Measures to Ease Pressure on Baht
25 July 2007

According to media sources the cabinet approved measures to relax the foreign exchange market to ease the pressure on the baht. Measures include:

(1) Allowing firms listed on the Stock Exchange of Thailand to purchase foreign currency for foreign direct investment in the amount of up to US $100 million per year.
(2) Allowing individuals and corporations to deposit foreign currency in Thailand financial institutions
(3) Allowing individuals to transfer $1 million baht per person overseas in certain circumstances
(4) Thai residents or corporate entities would be given 360 days- instead of 120 days as under the current regulation- to bring the proceeds of revenues in foreign companies back to Thailand.
(5) Abolishing the requirement that Thai residents who receive foreign currency must sell or deposit the foreign currency within 15 days
(6) Allowing institution investors to invest in deposits with foreign financial institutions without prior approval from the exchange control supervisor

 
     
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