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 : |
Activist Threaten to Bring Japan- Thailand FTA to Court
03 October 2007
he Thai and Japanese government have reportedly straightened out all details over customs procedures for the FTA and are prepared for the FTA to take effect on 1 November. Five lists of products with Japanese origin will be exempted from tariffs under the new agreement including iron, iron steel products and farm products.
Activists are reportedly threatening to bring the Surayud administration to Constitutional Court over the signing of the FTA. According to activist groups, the new charter requires transparent consideration of all international treaties. Members of the Board of Trade, however, have reportedly insisted that the prime minister has consulted with the legal advisor of the Council of State and therefore fulfilled legal obligations. |
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National Pension System Advocated
02 October 2007
Participants in a conference hosted by the National Health Foundation (NHF) and the Thailand Research Fund are pushing for the development of a national pension system which would address the needs of workers and the increasing number of senior citizens. According to representatives from the Social Development and Human Security Ministry, a pension system is already in place for Government officials and government employees; however it does not cover 21 million workers, or almost 70 percent of the workforce. Citizens at the meeting reportedly urged the Government to allow for citizen participation in the formation of the system. |
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Martial Law to Be Lifted
27 September 2007
The Council for National Security is s reportedly scheduled to propose to that the National Legislative Assembly lift martial law in 11 provinces this week. The CNS will reportedly request to extend martial law in the three border provinces of Nong Khai, Nakorn Phanom and Mukdahan. |
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Election Bills Passed with Modifications
27 September 2007
Three bills on the Election Commission (EC), political parties and the installation of the House and Senate passed the National Legislative Assembly yesterday on the second and third readings with minor modifications. The law on political parties contains a provision which limits the maximum amount of money a juristic entity may donate to a party. The amount was reduced from 50 million annually to 10 million annually, supposedly because companies giving over 10 million baht would expect favors from in return. The laws were passed within two weeks of the Oct 8 deadline set in the promulgation of the 2007 constitution. The general election must take place within 90 days of the laws passage. The Senate must be installed within 150 days of the promulgation of the laws. |
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