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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 :

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."

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.

Ministry of Interior Attempts to Block Community Organization Bill
11 June 2007

Interior Minister Aree Wongarya reportedly does support the community organization bill the cabinet is currently considering. Proponents of the bill claim that it will strengthen civic power by allowing community members to establish councils to monitor and inspect state policies that have a negative impact on communities. Mr. Aree is opposed to the bill as he believes the duties and roles of community councils would overlap with those of members of the government. Proponents believe the bill will pass because prime minister has announced that his government will promote greater collaboration between local people and state agencies

Ministry of Interior Attempts to Block Community Organization Bill
11 June 2007

Interior Minister Aree Wongarya reportedly does support the community organization bill the cabinet is currently considering. Proponents of the bill claim that it will strengthen civic power by allowing community members to establish councils to monitor and inspect state policies that have a negative impact on communities. Mr. Aree is opposed to the bill as he believes the duties and roles of community councils would overlap with those of members of the government. Proponents believe the bill will pass because prime minister has announced that his government will promote greater collaboration between local people and state agencies.

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.

 
     
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