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Supreme Court Opinions

DIVORCE
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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
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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 :

Revised Retail Business Act to be Submitted to NLA
31 July 2007

If revisions for the Ministry of Commerce Retail Business Act take “too long” at the Council of State, another version of the Act is ready to be submitted to the NLA according to media sources. The new draft prepared by the NLA’s commerce committee differs from the Ministry of Commerce’s version in its definition of a retail outlet. Retail outlets are defined by size and whether or not they have chains. Law professors are reportedly considering the new draft Retail Business Act before it will be passed on to the National Legislative Assembly

ASEAN to Establish Human Rights Charter
31 July 2007

A charter being drafted for the 10 nation bloc ASEAN will include a human rights commission according to media reports. Although Burma was reportedly fiercely opposed to the provision, diplomats reported that a consensus of ministers had decided to include the provision. Laos, Cambodia and Vietnam were also reportedly previously opposed to the petition. Details of the agreement are not yet available.

Laws on Gender Equality Important for Stopping Spread of AIDS
28 June 2007

According to Media Sources, Minister of Public Health, Mongkol Na Songkhla stated that laws on social issues and gender equality are primary solutions for the AIDS at an a conference in Geneva.  Songkhla reportedly stated that laws which would give legal protections to wives or girlfriends whose partners refused to use condoms during sex. According to a UNAids survey over 60% of female AIDs patients contracted the HIV virus from their husbands.

Thailand to Continue Compulsory Licensing
26 July 2007

Thailand will continue with its policy of compulsory licensing (CL) to allow more people access to lifesaving drugs. The CL policy currently allows members of the universal healthcare scheme (also known as the 30 baht healthcare scheme) access to generic version of three important drugs for AIDs and heart treatment. The plan will be extended to allow more persons better access to generic lifesaving drugs. Persons excluded from the universal healthcare scheme (such as office workers and laborers who are under the healthcare program of the Social Security Office) will be given access to the drugs. A committee will also be established to consider to which drugs compulsory licensing should be further applied. Committee members will include academics, officials from health care state agencies and government ministries and health care experts The committee is reportedly consider using compulsory licensing to bypass the patent of two cancer drugs.

ASEAN Drafts Charter
26 July 2007

The Association of Southeast Asian Nations (ASEAN), a trade and political bloc in which Thailand is a member, is drafting a charter which will promote human rights and discourage coups. It is hoped that Southeast Asian heads of state will sign the charter when they meet for their annual summit in November in Singapore. The charter includes provision which would make non-interference in other ASEAN state’s domestic policies a rule. The charter would also include a clause for “the respect of fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice.” The charter calls for the continued observance of a 10 year treaty banning nuclear weapons in Southeast Asia. Diplomats drafting the charter are also considering including a provision which would establish a human rights commission, however, some ASEAN members are concerned that such a provision could possibly violate the non-interference policy.

 
     
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