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 : |
ASEAN needs to address Nuclear Energy Aspirations
10 September 2007
At a forum attended by regional youth leaders, Simon Tay, the chairperson of the Singapore Institute of International Affairs, warned that the Association of Southeast Asian Nations (ASEAN) needs to address nuclear aspirations. Thailand, Vietnam and Indonesia all reportedly have plans to develop nuclear energy. Burma is also considering nuclear resources. Although nuclear energy is a zero emissions energy source, Mr. Tay reportedly stressed that emissions should not be the only factor considered when deciding how to develop energy sources. Tay’s organization is concerned about storage facilities, as nuclear waster has a half-life of a thousand years and about security issues, especially because corruption is a concern in the region. |
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APEC Signs Climate Change Agreement
09 September 2007
APEC, an economic bloc in which Thailand is a member, signed an agreement stating that the world needs to “slow, stop and then reverse” greenhouse gas emissions. The agreement has been widely criticized as ineffective because it is not binding and it does not set goals for particular country’s reductions of greenhouse gases. The two most concrete goals are to reduce the energy intensity required to produce a dollar of GDP by 25% by 2030 and to set a voluntary target to increase forest coverage in the Asia Pacific Region by at least 20 million hectares by 2020. |
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APEC to Reach Agreement on Climate Change
08 September 2007
The Asia Pacific Economic Cooperation (APEC), a bloc comprised of 21 member countries, has reportedly reached an agreement on climate change. The agreement would urge member countries to reduce energy intensity by 25 percent by the year 2030. The proposed agreement is not binding and the commitment is not enforceable. According to media sources, although some member countries, such as Australia, were ready to take a tough stance on climate change, other countries did not want to commit to energy deductions. |
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Selection of Senators Problematic
08 September 2007
The National Legislative Assembly (NLA) is debating an organic election law which will determine how selected senators, who will make up almost half of the senate under the Junta sponsored constitution, will be nominated. A clause was originally included in the draft which would prohibit any association or confederation which was registered for less than 5 years from nominating a candidate. This provision, however, has been removed because persons employed in occupations in which there is no association or confederation would not have the opportunity to put forth a potential senator for nomination. |
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