Announcements:
University Law Programs Thailand :
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Master of Laws (LL.M.),Business Law Program, Faculty of Law, Chulalongkorn University, Bangkok, Thailand Contact Faculty of Law
Doctor of Laws (LL.D.),The Graduate School,Ramkhamhaeng University, Bangkok, Thailand Contact RU University
Master of Laws (LL.M.), Office of Graduate Studies, Assumption University, Bangkok, Thailand Contact Graduate Studies |
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Thailand Law and Legal Seminars and Conferences |
PRACTICAL ASPECTS OF SHIPPING LAWS AND OPERATIONS (TRAINING COURSE)
29-30 June 2009, Bangkok. Organized by the Asia Business Forum.
CYBER FORENSIC INVESTIGATION
1-3 July 2009, Singapore. Organized by UNI Strategic.
TAX MANAGEMENT FOR ROYALTY & SERVICE FEE (Thai Language)
4 July 2009, at Novotel Siam Square Hotel Bangkok. Organized by Unique Seminar.
CORPORATE INSOLVENCY & RESTRUCTURING CONFERENCE
27-28 July 2009, Singapore. Organized by the Asia Business Forum.
CORPORATE FINANCIAL RESTRUCTURING CONFERENCE 28-29 July 2009, Bangkok.
Organized by the Asia Business Forum.
CONTRACT DRAFTING SKILLS & NEGOTIATION (TRAINING COURSE) 29-30 July 2009, Bangkok. Organized by the Asia Business Forum.
CORPORATE LAW FOR NON-LEGAL PROFESSIONALS (TRAINING COURSE) 17-18 August 2009, Kuala Lumpur.the Asia Business Forum.
6TH ANNUAL ASIA-PACIFIC IP FORUM
9-10 September 2009, Hong Kong. Organized by the Asialaw. |
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Submissions: |
If you would like to submit an article to publish or have us add your seminar to the Thailand Law Forum please contact info@thailawforum.com. We reserve the right to decline any entries.
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CONSIDERATIONS FOR INTERNATIONAL PRENUPTIAL AGREEMENTS |
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Thailand is a popular travel destination and like other travel destinations around the world, people of different nationalities come, meet, and fall in love. As a result, there are many marriages between non-Thai and nationals of other countries or between Thai and foreign nationals. A person planning marriage who has assets or income he/she is seeking to protect and who intends to marry in Thailand should be aware of the laws and practices surrounding prenuptial agreements in both Thailand and their home country in order to adequately protect their assets, plan for legal obstacles and lower potential litigation risks in the case of divorce...read on |
US VISA DENIALS AND WAIVERS
IN THAILAND |
There is a plethora of information on the internet that focuses on the grounds of US visa denials and the available waivers of inadmissibility. Most of these articles, however, focus on the black letter law without much written regarding the practical realities of visa denials and waivers. ..read on |
Social Security Retirement Considerations for US Citizen Expatriates |
Whether a US Citizen expatriate will be entitled to social security benefits, and how much those benefits will be is an important question for many people that have chosen to live abroad..read on
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Law Roundup - Significant Changes to Thai Laws in 2008 : Mutual fund companies, excluding property funds, are required to disclose their investment portfolios on a monthly basis, instead of bi-yearly as formerly..read on |
Buying a Condominium in Thailand : By way of background, the law governing condominiums was enacted as Condominium Act, B.E. 2522 (1979). This law was liberalized to allow foreign investment in condominiums by Condominium Act (No. 2), B.E. 2534 (1991)..read on |
The Liability for Damages Caused by Unsafe Goods Act B.E. 2551 : The Liability for Damages Caused by Unsafe Goods Act B.E. 2551 (the “Product Liability Law”), which will be effective for products sold on or after 20 February 2009, holds “entrepreneurs” jointly liable to “damaged parties” for damages caused by unsafe goods sold to consumers..read on |
2008 Amendments to the Condominium Act : On July 4, 2008, for the first time since 1999, the Condominium Act of 1979 was amended (the “2008 Condominium Act Amendments”). The purpose of these amendments was to provide additional protection to buyers of condominium units and to make the existing protections more effective..read on |
Thailand Alien Working Act 2008 : The Alien Working Act, B.E. 2551, which came into force on 23 February 2008, repealed and replaced the Alien Working Act, B.E. 2521, as amended. The Act regulates work by aliens, requiring work to be done with a work permit, except for extraordinary circumstances, and sets forth penalties for violations of the Act..read on |
Thailand Labor Protection Act (No. 2) 2008 : The Labor Protection Act B.E. 2551 was enforced on 28 May 2008 and provides additional protection to employees, including the requirement for employers to pay interest to employees for late payment wages, and restricting female employees and pregnant employees from certain types of work..read on |
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| Featured Popular Law Articles: |
Patient Rights in Thailand's Booming Medical Tourism Industry
Little did Margaret Richter know that the night she assisted her sick husband onto the flight to Bangkok would be the last she would ever see him alive. Her husband's
once powerful frame now looked bent and reed-like as he entered the airplane ramp among the throng of tourists, holiday...more |
Obtaining a Waiver of a Denial of a US Visa
The law summary discusses the discretionary authority of the US Attorney General to waive the denial of a US visa or admission into the United States, and the conditions for such according to the Immigration and Nationality Act, as well as classes of persons who are ineligible for waivers...more |
Fugitives in Thailand
“The game is over.” Those were reported to be the words arms dealer Viktor Bout uttered as he was confronted by American Drug Enforcement Agency and Royal Thai Police officers at the luxury Sofitel Hotel in downtown Bangkok this past March...more |
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Defrauded in Thailand !
There was nothing much to distinguish Tony Shaughnessy from the thousands of other new expatriate arrivals in Thailand. more |
Transsexuals and Thai Law
Walk down almost any busy street in Thailand, especially in a tourist hotspot such as Bangkok, Pattaya or Phuket, and chances are good that you will see at least one Thai transsexual .more |
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| Thailand
Law Journal: Selected Article |
| Protection of Traditional Knowledge in The Face of Globalisation: Balancing Mechanism Between CBD and Trips |
The author explains the background of legal efforts to protect traditional knowledge. The article discusses international agreements, treaties, and conventions as well as Thailand laws and legislation protecting traditional knowledge. Professor Jakkrit Kuanpoth also describes the importance of protecting traditional knowledge in developing countries and makes recommendations for enhancing legal protection of traditional knowledge. more |
| Cultural, Economic and Legal Factors Underlying Trafficking in Thailand and Their Impact on Women and Girls From Burma |
The article provides a critical analysis of factors contributing to trafficking of Burmese women and girls for the purposes of sexual exploitation and governmental polices to prevent this exploitation. more |
| Life and Death Away from the Golden Land: The Plight of Burmese Migrant Workers in Thailand |
The author discusses the migration of large numbers of Burmese to Thailand. He examines the reasons for the migration, the demographics of migrants, and Thai government policy to control migration into Thailand through registration programs and international treaties and agreements. He argues that Thai laws entitle migrants to education, safe work conditions, and access to health care, although there is great disparity between the rights afforded migrants under the law and the migrants’ true living conditions. The author also reviews the issue of stateless Burmese children born of migrant parents in Thailand. more |
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SUPREME
COURT OPINIONS |
| BUILDING LEASE |
Mr. Somsagoon Jeerasin vs. Mrs. Benja Jeerasin
The mother of the plaintiff leased the disputed building from a government office, and permitted the defendant and parties to reside in the disputed building. Subsequently, Mrs. Jitra transferred the lease rights to the plaintiff. The plaintiff did not want the defendant and parties to reside in the disputed building, and requested them to vacate the building, yet they did not concede to the request.
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PROBATE LAW |
Ms. Lai Puakdee et. al. vs. Mr. Sompong Puakdee
Mr. Leng had possessory rights over a plot of land. Subsequently, Mr. Leng died and the land was transferred to heirs, namely the first to third plaintiffs, Mrs. Prayong, the mother of the fourth plaintiff, and the defendant for a parcel each. However, the defendant requested to construct a residential home on the land. Thereafter, the defendant claimed that he possessed the disputed land in its entirety for himself until presently, and that the plaintiffs’ legal action was filed more than a year after the death of the estate owner, and therefore the statute of limitations had expired.
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LAND AS SECURITY |
Inquiry Official of Bangrak Metropolitan Police Headquarters vs. Mrs. S. Rotjanasuwan, Mr. W. Rotjanasuwan, (Intervenor)
The defendant (wife) entered into a bail agreement with the plaintiff (inquiry official) to bail an alleged offender and had used as security the disputed land in which the name of the intervenor (husband) appeared on the document as the one with possessory right. Thereafter the defendant breached the bail agreement and the land was seized. The intervenor, in his petition, stated that the seized land is not community property of the defendant, but is separate property of the intervenor.
PASSING OF ESTATE
Mrs. Preopran Seenuan petitioner Administrator, Mrs. Kanchana Singkavat intervenor, Mrs. Kanchana Singkavat petitioner, Mr. Duan administrator 1, Mr.Suriyan administrator 1 petitioner
The first petitioner and the deceased were siblings with the same biological father, and as such were half siblings, even though the deceased was not a lawful child of the father. The Intervenor was the child of Jor, who was the uncle of the deceased, and Jor subsequently died. However, the first petitioner was the fourth nearest blood relative, and nearer in kin than Jor. Therefore, Jor and his descendants have no rights to the estate of the deceased.
LAND, IMMOVABLE PROPERTY
Mrs. Somjit Muangngam vs. Mrs. Urai Sungkagoon
The plaintiff filed a lawsuit claiming that the defendant constructed a bamboo fence which encroached on the northern part of the plaintiff’s property. In comparing the map as stated to the map from the plaintiff’s prior legal proceeding, it can be seen that the disputed land referred to in this case was a part of the land under contention in the former legal proceeding. Therefore, the plaintiff’s legal action claiming that the section of the disputed land was a part of the land possessed by the plaintiff for a beneficial purpose was a re-examination of the same issues judged by the court already, and hence a duplicate legal action.
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