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 : |
Lottery Bill Passes NLA Controversy
29 November 2007
The National Legislative Assembly voted in favor of the Government Lottery Office Bill in an 83 to 26 vote yesterday. Although supporters of the Bill believe it will reduce the spread of the underground lottery, the opposition believes that in passing the bill the government is violation of sections of the Constitution which require the government to uphold morality and virtue and promote the sufficiency economy philosophy. Also opposed to the bill were sellers, many of them disabled, of the government's 6 digit lottery tickets who worry that the bill, which will permit the opening of lottery vending machines, will reduce their customers. |
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Shopkeepers Petition Ministry of Commerce to Pass Retail Bill
28 November 2007
Provincial shopkeepers petitioned the Ministry of Commerce yesterday to pass the Retail Business Act and remove two prominent opponents of the Act, including an executive of a mass retail chain, from the panel debating the draft. The National Legislative Assembly agreed to the Act in principle last week and the act is currently being screened by a subcommittee which includes the two controversial members. Committee deliberations are scheduled to begin tomorrow. |
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Public Debt Act Before NLA
22 November 2007
The Public Debt Management Act is expected to pass the second and third readings of the National Legislative Assembly next month. If the law goes into effect government bonds are expected to be issued whereas bank bonds are expected to fall. If implemented the new law will allow the government to supply bonds to the market and intervene in exchange-rates It is not expected that the draft will be further revised. |
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Pharmaceutical Could Have Violated Anti-Competitive Acts
22 November 2007
According to media sources, an American law professor spoke in support of Thailand’s implementation of compulsory licensing at an international conference yesterday. The lawyer also reportedly stated that a major pharmaceutical company which withdrew seven important new drugs from Thailand as retaliation for the implementation of compulsory licensing may be in violation of Thailand’s Anti-Competition Acts by restricting access to a medicine available internationally. The media has also reported that the Ministry of Public Health does not have plans to take action against the company; instead the Ministry of Commerce is engaging in negotiations. |
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Asean and Japan Agrees on a Tariff Free List
21 November 2007
Asean and Japan have agreed on a list of products to be exempted from tariffs under the Asean-Japan free trade agreement which will cover 90% of products traded between Japan and Asean countries. According to media sources, Thai officials participating in the negotiations expect the FTA to increase trade by 10%. Before the Japan- Asean FTA is ratified, there will have to be a process of public hearing and parliamentary approval as stipulated in the new constitution. Japan is Asean’s second largest trading partner, following the US. It is expected that the agreement will most strongly benefit Thai business with Japanese partners, especially those in the electricity, chemical, automotive sector, as well as textile and jewelry exporters. It is also predicted that under the agreement foreign shareholding in healthcare, tourism, aviation and information technology will increase. |
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Child Boxing Laws Should Be Developed
21 November 2007
A recent university survey has found that nearly 8,000 children under 15 years old, most who come from the northeastern region of the country, participate in boxing camps to earn prize money. They are not protected by boxing laws (current regulations extend protections only to persons at least 15 years of age who are registered as boxers) and are at risk of physical injury, including brain damage. Over 200 interested persons gathered, including academics and owners of boxing camps, at a seminar for international child’s day to discuss implementation of new boxing regulations. |
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