Thailand Legal and Business News: April 2009

Supreme Court Opinions

THE GROUND FOR DIVORCETS
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi

The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.

SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse

The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.

NON-MONETARY DAMAGES AND ACTING ON BEHALF OF A MINOR
Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom

The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.

SUPPORT:

Translations for this issue were kindly provided by a Joe Leeds, an American Attorney in Bangkok, manager of Chaninat & Leeds. Chaninat & Leeds’ attorneys have years of experience working in an international setting, with expertise ranging from immigration to foreign company registration.

Thailand Legal News Updates:

NEWS :

Anti-trafficking Agreement Signed by Thailand and Burma

24 April 2009

Thailand and Burma signed an agreement to combat human trafficking, primarily in women and children on Friday. The agreement is intended to provide a solid basis for joint collaboration between the two countries on the issue of cross-border human trafficking in Thailand.

This first such agreement between both countries was signed in Burma’s administrative capital, Naypyidaw, with Burma’s Home Affairs Minister Maj-Gen Muang Oo and Thai Social Development and Human Security Minister Issara Somchai representing their countries as signatories.

Migrants - by the tens of thousands - migrate to find work, both legal and illegal, in Thailand.

Related Documents: Human Trafficking in Thailand

National Pension Fund

8 April 2009

The National Subcommittee for Elderly People has proposed two options for the establishment of a national pension fund for over 30 million Thai nationals ineligible for retirement plans such as the Social Security Fund or the pension for civil servants. The subcommittee’s draft proposal to set up the national pension fund is the first of its kind in Thailand.

The first option, proposed by the Ministry of Finance, encourages persons from 15 to 59 to contribute at least 100 baht per month to the fund. The government will contribute 50 percent, starting at 50 baht per month, and the savings will receive another 500 baht of state allowance. Pensioners will start receiving payments when they turn 60.

The second option, proposed by the Thai Gerontology Research and Development Institute, recommends that persons from 20 to 59 years contribute 50 baht per month to the fund. The members would receive an allowance of 500 baht per month from the government, in addition to not less than 1,925 baht from the fund after retirement.

One option will be selected and proposed to the national committee for elderly people, chaired by Prime Minister Abhisit Vejjajiva, before being submitted to the Cabinet for approval.

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