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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 :

New Measures Proposed For Elite Card
07 June 2007

Tourism and Sports Minister Suvit Yodmani reportedly proposed new regulations to keep the Thailand Privilege Card (TPC) competitive. The program was created by former prime minister Thaksin Shinawatra to increase tourism revenue. Cardholders receive perks including preferential visas, fast-track immigration clearance and discounts and selected venues. Although the program aimed to attract one million cardholders by 2008, only 2,130 persons have become members. Dr. Suvit has proposed to invite the private sector to control 70-75% of the company or overhaul the management of the Thailand Privilege Card.

NLA Seeks Amendment of CDR Announcement
06 June 2007

The National Legislative Assembly will seek the amendment of a Council of Democratic Reform Announcement which exempts members of the Assets Examination Committee (AEC) from being sued for carrying out their work honestly. The NLA also plans to propose amendments which will allow the cabinet to appoint more investigative members to the AEC.

Consumer Protection Act Drafted
06 June 2007

A consumer protection act which will regulate marketing campaigns featuring giveaways or contests is being drafted by the Ministry of Commerce. The measures are also intended to support the government’s policy of self sufficiency by encouraging purchase only when necessary. The Ministry of Commerce is reportedly considering restricting premiums or rewards to more than 20 times the value of the purchase.

 
     
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