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 : |
Free Education Remains at 12 Years
15 June 2007
The Constitution Drafting Assembly decided to include a provision which will provide 12 years of free education to the nation’s children after extensive debate. Some assembly members were pushing for also providing a free college education, as less than 15% of Thais hold a bachelor’s degree, while other drafters believed that the government did not have the budget to provide more than 9 years of education. |
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CNS to Lift Ban on Political Activities
15 June 2007
The Constitution Drafting Assembly decided to include a provision which will provide 12 years of free education to the nation’s children after extensive debate. Some assembly members were pushing for also providing a free college education, as less than 15% of Thais hold a bachelor’s degree, while other drafters believed that the government did not have the budget to provide more than 9 years of education. |
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Dispute Over Community Bill to Be Resolved
13 June 2007
According to media sources, Deputy Prime Minister Paiboon Wattanairitham has stated that the dispute over the community organization bill will soon be resolved. The dispute has been between the Interior Ministry and the Development and Human Security Ministry. The bill which would allow local communities decision making power in development projects which would affect their community has been labeled as redundant by officials of the Ministry of Interior. The Provincial Administrative Organization President's Association has also reportedly come out against the bill with one member reportedly stating that it "will create disunity, is redundant and a waste of money." |
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Call to End Child Labor
13 June 2007
According to media sources, a representative from the International Labor Organization has stated that children of migrant workers have replaced Thai children in the labor market. Thai law prohibits children under 15 years of age from working. Adolescents, from 15- 18, may work with parental permission in certain non-risky fields. Some of the children working in Thailand are believed to be trapped here as a result of human traffickers. Parties who have gathered to mark the World Day Against Child Labor have reportedly banned together to press for hazard-free, child labor-free agriculture in Thailand. |
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FTA Negotiations Law Drafted
13 June 2007
The Thailand Development Research Institute (TDRI) has drafted legislation on procedures for treaty-making in order to ensure that government Free Trade Agreement (FTA) negotiations are conducted according to an agreed upon standard. The legislation was reportedly drafted in response to criticism that a recent FTA negotiation was not transparent. The draft bill requires government negotiators to inform the public of all possible consequences of signing the FTA. |
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