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 : |
Thailand Joins Developing Countries to Seek Fair Deal on IP Rights
26 June 2007
Thailand joined with other developing countries last week to sign the Bandung Declaration in the Asia-Africa Forum on traditional cultural expression (TCE), traditional knowledge (TK) and genetic resources (GR). The declaration is an effort to stop the appropriation and unfair use of TCE, TK and GR by developed countries. The declaration is to be submitted to the World Trade Organization next month. Developed countries have not yet accepted the proposal reportedly because they are afraid of extra payments to developing nations whereas they are currently using the intellectual property resources for free |
Censure Motions Require Less Signatures in New Draft
25 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. |
Security Bill Approved by the Cabinet
20 June 2007
According to media sources the cabinet yesterday approved a draft national security bill which would reportedly give power to the Internal Security Operations Command (ISOC) to handle new forms of threat to the country. A new national security committee, which would be headed by the Prime Minister, would be formed. The chief of ISOC would be given new powers, including the ability to implement security procedures, such as searches, without seeking the permission of the prime minister. The remaking of ISOC under the new bill is reportedly in the model of the US Department of Homeland Security. |
Security Bill Approved
20 June 2007
The cabinet has approved a security bill which will give power to the Internal Security Operations Command (ISOC) to handle “new forms of threat”. The bill is intended to allow ISOC, which is modeled on the US Department of Homeland Security, to handle acts of sabotage, propaganda and transnational crimes with greater ease. The act allows the ISOC chief to carry out searches without seeking approval from the prime minister. The bill will be read by the Council of State before being sent to the National Legislative Assembly for deliberation. |
BOT Approves Listing of Foreign Companies
19 June 2007
The President of the Stock Exchange of Thailand (SET) announced yesterday that the Bank of Thailand has approved foreign companies raising a maximum of 3 billion baht by listing on the SET provided that Thais hold a stake in the company. This measure is seen by many as another step toward loosening regulations and allowing Thais to invest abroad. Foreign Investment was closed after the 1997 financial crisis, however, the central bank recently permitted Thais to invest abroad. The SET president reportedly stated that the SET’s next step would be to attract joint-venture firms in which Thais own a stake or purely Thai owned firms that are operating abroad to mobilize funds through the Thai market. |
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