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 : |
Deposit Insurance Act Provoking Worry
10 October 2007
The Thai Bankers Association is concerned about the proposed Deposit Insurance Act according to media reports. Special government banks will be exempt from provisions of the Act which would establish a Deposit Insurance Agency to guarantee depositors funds in the event of a bank bankruptcy. Once established the Deposit Insurance Agency will reportedly reduce the amount insured for each depositor while commercial banks would still have to contribute .4 % of deposits to the Agency. Representatives of certain commercial banks are reported to have stated that they believe the Act would make government banks more competitive because the government guarantees all money insured with government institutions. Supporters of the Act reportedly believe that the proposed Act, while not covering specialized institutions, would increase the confidence of consumers. |
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New Lese Majeste Laws Dropped
10 October 2007
New Lese Majeste laws which would have made it a crime to criticize an advisor of His Majesty the King have been dropped according to media sources. The Act was reportedly dropped because a Privy Council member contacted the National Legislative Assembly member who was introducing the bill and stated he was not comfortable with the new laws. |
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Thai-India FTA Slowed by New Charter
09 October 2007
The Thailand- India Free Trade Agreement has reportedly been slowed by the passage of a new charter which requires the government to wait for an organic law under Article 190 to be passed to insure transparency in the trade talks. Article 190 requires the government to seek the approval of Parliament before negotiating any agreement deemed by the Cabinet to have a wide ranging impact on the economy. Free Trade Agreement talks between Thailand and India began in 2003 and the countries have agreed to sign an “early harvest” scheme eliminating tariffs on 82 different products. A decision regarding a full Free Trade Agreement is scheduled to be made before 2010. Thailand is expected to engage in free-trade talks with several other countries including Peru, Mexico and South Korea beginning next year. Under the charter, Parliament is required to be made aware of the negotiations before they are began and Parliament is required to set up a committee to study all aspects of the agreement and approve the agreement before Thailand becomes a signatory party. |
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