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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 :

According to PM Water Conservation a National Priority
22 May 2007


According to media sources, the Prime Minister announced yesterday that water conversation would become a national target, an announcement made to honor His Majesty the King.  At least 25 government agencies will reportedly work to meet four primary targets of access to water, flood prevention, rehabilitation of polluted water sources and management of water.
Cabinet Approves Local Administration Act Amendment
16 May 2007


The cabinet voted yesterday on an amendment to the Local Administration Act that would allow government officials to select candidates permitted to run for the village headmen and kamnan positions.  The current act does not allow government officials to shortlist candidates and allows elected kamnan and headmen to hold their position for 5 years.  The amendments would allow village headmen and kamnan to remain in office until age 60 with their performance assessed by government officials every five years.  The amendments also reportedly allow the electorate in their jurisdiction to impeach the kamnan and headmen in certain circumstances.

Compulsory Licensing to be Enforced for Cancer Drugs Next
16 May 2007

Media sources reported that Mongkol Na Songkhla, the public health minister, stated in an interview that he was planning to enforce compulsory licensing for certain cancer drugs. Mongkol cited cancer as one of the top five causes of death for Thais.

Privatization Rules to be Clarified by New Law
16 May 2007

According to media sources, a working group has been formed to oversee charges to the Corporatisation Act. Critics state that provisions of the current 1999 law do not provide for transparency in the privatization of state agencies. The new law will clarify the procedures for transforming a state agency to a public limited company and eradicate the practice of reserving shares in privatized companies for political persons. The law will also create regulatory bodies to oversee privatized bodies.
Pay Imbalances Still Exist Between Asian Women and Men
11 May 2007

According to a recent report by the International Labor Organization, women are paid less than their male counterparts in the Asian-Pacific region. A survey across six occupational groups revealed that women's salaries are 90% or less that of their male co-workers. The report also revealed that women are also more likely than men to work without pay and more likely to work in the informal sector.
 
     
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