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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 :

Computer Crime Act to Impact Small ISPs
26 July 2007

Small ISPs are concerned about costs associated with compliance with the new Computer Crime Act according to a conference hosted by a local newspaper. The new law requires ISPs to keep traffic information for a minimum of 90 days, a requirement which may necessitate an investment in database systems. Participants at the conference called on the Information Communications and Technology manager to provide details about the information ISPs must keep, with an advisor to the ICT minister reportedly promising the information would be forthcoming on 8 August. Conference participants were also concerned that the new law would benefit internet shops who did not comply with the law. Under the new law internet café businesses should keep records identifying the user of each computer, however, keeping such records would be burdensome for the shop owners and customers may prefer to go to internet shops where they are not required to record their identity.

NLA Passes Referendum Law
26 July 2007

The National Legislative Assembly approved the referendum bill yesterday by an overwhelming majority. The referendum bill gives the Election Commission the power to maintain order during the referendum. The bill will outlaw buying votes or rigging the outcome of the 19 August 2007 referendum on the charter constitution. Under the new law offenders would be subject to imprisonments and suspension of voting rights.

Corporate Social Responsibility Bill to Be Drafted
26 July 2007

Small ISPs are concerned about costs associated with compliance with the new Computer Crime Act according to a conference hosted by a local newspaper. The new law requires ISPs to keep traffic information for a minimum of 90 days, a requirement which may necessitate an investment in database systems. Participants at the conference called on the Information Communications and Technology manager to provide details about the information ISPs must keep, with an advisor to the ICT minister reportedly promising the information would be forthcoming on 8 August. Conference participants were also concerned that the new law would benefit internet shops who did not comply with the law. Under the new law internet café businesses should keep records identifying the user of each computer, however, keeping such records would be burdensome for the shop owners and customers may prefer to go to internet shops where they are not required to record their identity.

NLA Passes Referendum Law
26 July 2007

The National Legislative Assembly approved the referendum bill yesterday by an overwhelming majority. The referendum bill gives the Election Commission the power to maintain order during the referendum. The bill will outlaw buying votes or rigging the outcome of the 19 August 2007 referendum on the charter constitution. Under the new law offenders would be subject to imprisonments and suspension of voting rights.

 
     
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