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 : |
New Foreign Business Act Likely to Go into Effect in October
30 June 2007
According to a 26 June Nation article, the new Foreign Business Act is likely to go into effect in October 2007. Commerce Minister Krik-krai Jirapaet is reportedly working with members of the National Legislative Assembly (NLA) to finalize the legal points of the new amendments. Based on the latest information, the Nation reported the amendments were likely to pass before the end of the current Legislative Assembly’s term in November or December. |
PM to Accept Ideas on Security Bill
30 June 2007
Prime Minister Surayud Chulanont stated that he would accept suggestions from the public regarding a draft bill on internal security according to media sources. Surayud’s statement came amidst complaints by activists who state the bill gives too much power to the director of the Internal Security Operations Command (ISOC). The bill is currently being considered by the Council of State before it will be reviewed by the Cabinet. |
CDA to Allow Public to Change Charter
29 June 2007
The Constitution Drafting Committee (CDC) will allow the public to initiate amendments to the constitution according to media sources. 50,000 voters will have to second amendment motions in order for the CDC to receive the proposal. CDC members supporting the proposal believe it will allow members of the public to amend the charter rather than revoking it. |
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. |
Cabinet Approves Bill on Civil Servant System
27 June 2007
The Cabinet yesterday passed a bill that according to proponents is a historic reform of the bureaucratic system. The bill divides civil servants into four categories: general officers, technical officers, administrative officers, and management officers and sets a range of salaries for persons in each position depending on their skills. The bill will also require the appointment of an “Ethical System Protection Commission” charged with handling human resource management related complaints. Proponents believe the bill will balance the power of those in administrative positions and allow officials who are not in administrative departments better opportunities for promotion. |
Thailand to Sign FTA with India
27 June 2007
Thailand Prime Minister Surayud Chulanont met with India’s President A.P.J. Abdul Kalam in India on 26 June to begin negotiations to sign a Free Trade Agreement (FTA). Thailand and India are currently discussing reducing tariffs on imports and exports on bilateral trade. Prime Minister Surayud also signed two agreements on enhanced cooperation on renewable energy issues and cultural issues. |
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