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 : |
New Financial Bills Introduced
04 October 2007
The Financial Institutions Bill was introduced and passed by the National Legislative Assembly at yesterday’s meeting according to media sources. If passed into law the bill will raise the foreign investment ceiling in Thailand financial institutions from the current cap of 25 percent to 49 percent. The draft will also set capital based conditions for the central bank to intervene in troubled banking institutions. The Currency Act, which the media reported was backed by both academics and bankers, was also scheduled to be introduced at yesterday’s meeting. If made into law the Currency Act would give the Bank of Thailand more flexibility to manage foreign exchange reserves. Some observers reportedly expect the NLA to introduce changes in the draft which will limit the power of the Bank. |
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Conflict of Interest Medical Bill Before NLA
03 October 2007
The National Legislative Assembly is scheduled to consider legislation on the medical profession which will prohibit persons with a conflict of interest from holding top posts at the Medical Council of Thailand. Among the changes that the act would introduce is a reduction of the council’s board members from 46 to 25. The bill would also prohibit persons in decision making posts from being a member of office with which there could be a conflict of interest. Thousands of doctors are reportedly signing a petition objecting to the bill. Representatives from doctors groups reportedly oppose the petition for fear that decisions about the medical profession will fall upon a group of people without medical knowledge. In contrast, the Rural Doctors Society has reportedly praised the draft and said that its implementation could limit problems between doctors and patients. |
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Burma not to Benefit from Asean- EU FTA
03 October 2007
As member countries prepare for the second EU-Asean joint economic meeting, to be held in Singapore from Oct 21- 23, EU representatives are reportedly prepared to meet Burmese trade officials as observers rather than stakeholders. An official from the European Commission Delegation to Thailand has reportedly stated that Burma could join the agreement and benefit from the trade pact if it institutes economic and political reforms. |
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Firms Told to Cut Prices or Face Compulsory Licensing
03 October 2007
The Food and Drug Administration (FDA) has announced that four drug manufacturers must cut prices or face compulsory licensing. A meeting is set for 18 October for talks with the manufacturers. If an agreement can not be reached the government is reportedly prepared to use compulsory licensing. The four drugs, used for the treatment of cancer patients, are believed by members of the National Health Security Office’s compulsory licensing committee to be especially expensive and out of the reach of cancer patients. |
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