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 : |
Public Organization Bill Needs Adjustment
26 September 2007
The Public Organization Bill, drafted by the Office of the Public Sector Development Commission, has been dropped. The bill proposed the establishment of a Public Organization Commission to oversee public organizations. There are reportedly over 20 public organizations, or organizations which are established under royal decrees and receive government subsidies, operating in Thailand. Rumors are circulating that budgets in some public organizations are mismanaged with certain organizations close to persons in the previous administration receiving very large budgets. The bill was rejected because cabinet members concluded that the Public Sector Development Commission should be able to oversee public organizations. A new public organization administrative bill reflecting these changes will be redrafted. |
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Four More Meds for Voluntary Licensing
24 September 2007
A Public Health Ministry panel is prepared to recommend four cancer medicines for voluntary licensing, which means that patent holders will have to accept negotiations for lower prices or face compulsory licensing. The difference between the prices of the Imanitib, Docetaxel, Erlotinib and Letrozole, the four drugs selected for voluntary licensing and the generic versions are significant. Letrozole, for example, is 230 baht per dose whereas the generic version is six baht per dosage. The drugs are reportedly not currently widely available to the public because of their expense. |
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Labor Ministry Considers Increasing Protections for Night Workers
24 September 2007
The Labour Ministry has established a working panel comprised of representatives from several government ministries to consider providing protections to workers at night time service venues. The panel was reportedly established at the suggestion of Empower, a foundation advocating for the rights of women in the sex industry. |
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Currency Act Amendments Approved
19 September 2007
The cabinet has approved a draft amendment to the 1958 Currency Act which will give the Bank of Thailand more flexibility in managing foreign reserves. The Central Bank must maintain three accounts under the act: a currency reserve account (used to back currency in circulation); an annual yields account (used to manage the assets of the central bank) and a special reserve account (used for managing gains from the currency reserve account). The act also introduces procedures which will increase transparency. |
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