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 : |
Proposed Ban on Smoking
11 September 2007
Proposed Ministerial Regulations banning smoking in public places, recently introduced by the Ministry of Health, are expected to go into effect at the beginning of next year. Night entertainment venues will be subject to anti-smoking restrictions and a total ban on smoking in markets and non air-conditioned restaurants may be introduced. Public hearings held by the Ministry of Health have reportedly revealed that the public is in favor of the new regulations which are planned to be pushed through the Senate within the next three months. |
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Assets Bill to be Considered Tomorrow
11 September 2007
According to media sources, the National Legislative Assembly (NLA) will consider an assets bill at tomorrow’s meeting. The bill was proposed to prevent politicians from concealing assets with relatives. Although the first draft defined relatives as immediate and close family (including grandparents, descendents, uncles and aunts), the second draft has also included in-laws of children and unregistered partners. The bill will also seek to ban the confidential use of state information for the personal benefit of politicians as well as the use of state assets for the promotion of the self interest of politicians. |
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Amendments to Lese Majeste Laws Proposed
10 September 2007
A proposed amendment to the Lese Majeste Law is currently being considered by the NLA according to media sources. If passed the draft law would include offences against the Privy Council president and representatives appointed to His Majesty the King and his children in the definition of Lese Majeste. The panel has also reportedly proposed an amendment which would allow police, attorneys and judges to ban the media from criticizing or commenting on Lese Majeste cases. Violators would be subject to three years in jail and/or a fine of 60,000 baht. The panel has also proposed to ban the dissemination of defamatory information about the monarch through websites. |
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Draft Law for Stateless Considered by the NLA
10 September 2007
According to media sources, the National Legislative Assembly is currently considering a draft law to address the problem of stateless people in educational institutions. Although some stateless persons, being born in Thailand to parents of refugees fleeing from neighboring countries, have received a college education they often find themselves without work upon graduation. The Department of Labor allows foreign nationals to engage in only 27 jobs which may not encompass the professions for which the education of the stateless students prepare them. The NLA is reportedly trying to implement the law within the remainder of its terms. |
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