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 : |
Clinton Backs Compulsory Licensing for HIV Drugs in Thailand
10 May 2007
Former US President Bill Clinton is reported to approve of Thailand's decision to issue compulsory licensing to generic brands of HIV drugs. According to media sources, Mongkol na Songkhla, the Public Health Minister, is in the U.S. to sign an agreement to purchase drugs through the Clinton Foundation. The World Trade Organization allows member nations to break patents in the interest of public health. Media sources report that November 2006 was the first time that Thailand exercised its rights to break a patent protection for a major medication. |
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Retail Business Law Approved by Cabinet
9 May 2007
The cabinet approved a draft retail business law yesterday which according to media sources was introduced to by the Ministry of Commerce to stop the expansion of mega-retailers. The draft would reportedly give the Ministry of Interior the power to control the construction of new retail stores through zoning regulations specifying the size of retail buildings and their location |
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U.N. Approves Resettlement of Refugees from Burma
5 May 2007
According to media sources senior United Nations officials approve Thai government moves to allow Refugees from Burma to be resettled in a third country. Over the past year and a half approximately 8,700 refugees have been resettled and 10,000 more are expected to depart for third countries in the next year. |
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NLA Member Wants Inheritance Task
3 May 2007
Wallop Meesomsap, an NLA member, and a deputy prime minister plans to put forward a motion to introduce an inheritance task according to media sources. Politicians championing the task not only believe that the tax will help earn an additional 4-5 billion in revenue, but also that it will create economic justice. |
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Thailand Relegated to "Priority Watch List"
2 May 2007
The U.S. has added Thailand to a "Priority Watch List" over a lack of enforcement of copyright laws. Media sources report that Ralph Boyce, the US Ambassador to Thailand, told the press that the move was not a result of the recent enforcement of compulsory-licensing for HIV drugs. The US Ambassador however reportedly stated that the "lack of transparency and due process in issuing compulsory licensing" was one of the U.S. government's concerns. The US has not yet adopted any punitive measures as a result of the downgrade and the decision has not yet affected trade. |
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