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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 :

Charter Paves Way for End of Death Penalty
27 May 2007

The Constitution Drafting Assembly voted to remove the expression "death penalty" from the draft charter thereby paving the way for an end to the death penalty in Thailand.  The non-inclusion of the death penalty in the charter does not mean that the death penalty will be prohibited but it does mean that future prohibition of the death penalty will face fewer obstacles.

Better Laws Needed for Migrants
26 May 2007

Participants in a conference hosted by the Thailand Development Research Institute (TDRI) concluded that better laws are needed to protect migrant workers from discrimination.  Migrant workers are reportedly needed for the agriculture, livestock, fishery and construction industries.
WHO Supports Compulsory Licenses
25 May 2007

The World Health Organization (WHO) in an annual meeting on 24 May 2007 issued a resolution to endorse the use of compulsory licensing to increase access to medicines.  The resolution passed after a 10 hour debate.  Thailand and Brazil, two countries who have used compulsory licensing to manufacture generic version of life saving drugs, led the support of the resolution while the United States reportedly led the opposition.
 
     
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