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.
|
|
 |
|
Thailand
Legal News Updates:
|
NEWS : |
Deposit Insurance Institution to be Established
26 October 2007
A Deposit Insurance Institution will be established if a draft bill is passed by the National Legislative Assembly. The draft bill is being promoted by the Deputy Finance Minister as a tool to strengthen financial institutions. The bill will reduce the government's blanket liability to 1 million baht per savings account therefore encouraging banks to be more prudent in risk management. The substantial reduction, from the current rate of 50 million to only 1 million baht would be accomplished over a 10 year period. The draft bill will be read before the National Legislative Assembly for the first time next Wednesday. |
|
Laws on Security Guards Strengthened
15 October 2007
The Cabinet will consider a National Police Commission recommendation to regulate private security and protect persons who employ private security tomorrow according to media sources. There are currently no laws which regulate the private security industry which is believed to include some 3,000 companies employing as many as 200,000 guards. The bill would require private security companies to become licensed and renew their licenses every four years. Individual guards would also require a permit. Guards would have to prove that they were not alcoholics or addicts in order to be licensed. |
|
Journalists Support Freedom to Report Abuse
12 October 2007
The Thai Journalists Association has agreed that the Domestic Violence Victim Protection Act will infringe on the freedom of the media according to media sources. The Act prohibits reporting on domestic violence cases once they reach police investigators or other authorities. Anyone who violates the clause faces a fine of 60,000 baht, 6 months imprisonment or both. One journalist reportedly stated that he believed the Act would put unnecessary controls on the freedom of the media. According to newspaper reports, other members believe that the media has an important role to play in pushing the police and other government officials to act quickly on domestic violence cases. |
|
Lese Majeste Law Problematic
11 October 2007
Thongchai Winichakul, a prominent historian and academic, has recently described a proposed amendment to the lese majeste law as "careless and unwise". Winichakul has stated that the proposed amendment, which would widen the scope of people protected by lese majeste laws to include persons who are not members of the royal family, would elevate certain citizens over others creating a privileged class. Ironically, this privileged class could not be convicted of lese majeste because they would be protected by the Act. The bill would also prohibit the media from reporting lese majeste. Winichakul predicts that lese majeste violations would increase if the act is passed. This is because the current (and amended) lese majeste act allow anybody to accuse anyone of lese majeste, and thus according to Winichakul, utilize as a political "cheap shot" against enemies. |
|
|
|
| |
|
|
For
any submissions, comments, or questions, e-mail the Thailand Law Forum
at: info@thailawforum.com
Please read
our Disclaimer.
Sponsored
by:
Contributions to the content of this site were made by Chaninat & Leeds. Chaninat & Leeds is managed by a USA immigration lawyer in Thailand with over 20 years of experience who specializes in family based immigration from Southeast Asia.
©
Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)
|
