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 : |
Retail Act to Be Pushed Through Congress
13 November 2007
The Ministry of Commerce will present the Retail Business Act to the National Legislative Assembly tomorrow in an attempt to pass the act within the current government’s term. Drafters of the Act intend for it to protect small retailers from giant retailers and to prevent one giant retailer from monopolizing the country’s retail business. Current regulations aimed at protecting small retailers, including prohibitions on price dumping, collection of unfair entrance fees, unfair product-return policies, unfair trading contracts and forcing suppliers to pay special costs have been in effect since 2006. |
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NLA Backs Security Bill
09 November 2007
The National Legislative Assembly voted to pass the Internal Security Act yesterday. A total of 101 NLA members voted for the bill whereas 20 members voted against it and 2 members abstained. The bill has been criticized as giving the director of the Internal Security Operation Command (ISOC), the prime minister, all encompassing power. Under the bill, the military would have the authority to carry out arrests without a court warrant. The law would also enable ISOC to ban media reports for internal security reasons. |
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NLA Passes Controversial Lottery Bill
26 October 2007
The National Legislative Assembly passed a controversial new bill yesterday granting the operation of a two and three digit lottery. If the new bill is promulgated as law, huge jackpot prizes will be offered. The proceeds that the government receives from the lottery will be used to fund government or charity projects. Proponents of the bill have stated that the government lottery, with its large jackpot prizes, will lower spending on illegal lotteries, the proceeds of which are reportedly used to fund vote buying. Opponents of the bill have stated that illegal lotteries could be stopped by strict police enforcements. |
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National Health Act to Be Revised
26 October 2007
At yesterday’s meeting, the National Health Commission decided that the pending National Health Act needed further revision. Article 7 of the Act stipulates that the personal information of patients should be kept completely confidential and in no circumstances disclosed. While the clause was written with the intention to protect patients, consumer advocates find the clause because problematic because patients may not be able to access their records in they event they need to sue a medical record. Other revisions called for more disclosure requirements for medical practitioners conducting research on patients and a standard checklist for medical practitioners /patients to use when diagnosing/ being diagnosed. |
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