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 : |
CNS to Lift Ban on Political Activities
11 June 2007
The Council for National Security (CNS) agreed to lift a ban on political activities and the registration of new political parties and will propose the matter to the Cabinet for discussion at today’s meeting. Announcements Number 15 and 27 issued after the coup last September bar politicians from conducting political activities and setting up political parties. According to media sources the CNS is lifting the ban to give politicians the opportunity to introduce themselves to the public before their general elections. |
New Draft Privatization Law to Be Consider by NLA
11 June 2007
The National Legislative Assembly is to consider a new draft privatization law within 60 days according to media sources. The act will prohibit any single foreign investor from holding more than 5 percent in a state enterprise after its privatization. It will also specify the terms and conditions for privatization. Legal experts believe the bill needs revision citing that it does not require private regulators and does not list state industries which may be subject to privatization. Critics also believe the draft law should include requirements for fair share prices to ensure everyone has access to shares. |
NLA to Consider Public Broadcasting Organization
11 June 2007
According to media sources, the NLA will soon consider a public broadcasting bill passed by the cabinet in May. The bill would authorize the state broadcasting organization to turn Thailand Independent Television (TITV) into a public broadcaster. The public broadcasting organization would run shows with an educational benefit including news and documentaries. The broadcaster would receive 1.5% of operating funds from tax revenues on alcohol and tobacco. |
Minister to Resign if Community Bill Dropped
11 June 2007
Social Development and Human Security Minister Poldej Pinprateep reportedly announced that he would resign from the Cabinet if a community bill did not become law. The bill was initiated by community networks throughout the country and would allow local communities to have a voice in any projects that would affect their livelihood. The power that the bill would instill in local communities has apparently been considerably lessened after a Senate member made adjustments before submitting the bill to the Cabinet. Clauses that gave communities the power to suspend any inappropriate judgments have reportedly been cut giving community leaders the role of consultants. Critics of the bill state that it will confuse local level administration. |
New Measures Proposed For Elite Card
07 June 2007
Tourism and Sports Minister Suvit Yodmani reportedly proposed new regulations to keep the Thailand Privilege Card (TPC) competitive. The program was created by former prime minister Thaksin Shinawatra to increase tourism revenue. Cardholders receive perks including preferential visas, fast-track immigration clearance and discounts and selected venues. Although the program aimed to attract one million cardholders by 2008, only 2,130 persons have become members. Dr. Suvit has proposed to invite the private sector to control 70-75% of the company or overhaul the management of the Thailand Privilege Card. |
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