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. |
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. |
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. |
Academics Urge Public to Reject Draft Constitution
11 June 2007
Academics from almost the country have joined together in a campaign to encourage the public to reject the Draft Constitution. Wearing green, the campaign color of the promotion of the 1997 constitution, they ask the public to call for the bringing back of the 1997 charter which should later be amended. Academics have stated that the new draft redistributes power from the people to technocrats. |
Compulsory License for Efavirenz May Be Revoked
11 June 2007
According to media sources Public Health Minister Mongkol na Songkhla has announced that compulsory licensing for Efavirenz may be revoked after preliminary talks with patent holder Merck & Co. Although Dr Mongkol did not disclose the details of Merck & Co. offers he reportedly asked the Thai media in a teleconference from the U.S., “Who wants to buy generic drugs for treating patients if the original drug is more affordable?” |
PM: No Decision on Amnesty of 111
11 June 2007
Prime Minister Surayud Chulanot announced yesterday that no decision has been made about whether the Cabinet will sanction an amnesty bill for the 111 Thai Rak Thai executives according to media sources. On Friday General Sonthi Boonyaratglin first proposed offering an amnesty to the Thai Rak Thai officials banned from participation in political activities for 5 years for electoral fraud. General Sonthi reportedly suggested the amendment because he believed that not all the 111 officials participated in the electoral fraud of the Thai Rak Thai party. |
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