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Supreme Court Opinions

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.

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.


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.

Thailand Legal News Updates:


Foreign Business Act Amendments Under Consideration

26 Aug 2008

The Commerce Ministry will soon request Cabinet to set up a committee to consider amendments to the Foreign Business Act in efforts to instill confidence of foreign businesses in investing in the Kingdom. The proposed amendments may remove Thai businesses under the protected sectors of Annexes I to III, which can now compete with foreign investors. The amendments are to promote equitable conditions between Thais and foreigners, and more flexibility for foreigners. The definition of "foreign investors" remains the same in that foreigners can hold no more than 50% of shares in businesses listed in Annexes I to III, unless specifically authorized by government authorities. The concepts of "voting rights" and "management" will not be introduced by the ministry.

EU Intending to Start Fast-Track Negotiations with Thailand

23 Aug 2008

The EU is intending to start fast-track negotiations with Thailand , Singapore , and Brunei under the proposed Asean-EU Free-Trade Agreement, according to media sources. Commerce Minister Chaiya Sasomsap views the negotiations as a means to liberalize trade with the EU. Friedrich Hamburger, EU Ambassador, is hopeful that the forthcoming FTA with Thailand will encompass trade, services and investment. Furthermore, the EU has plans to establish an EU Chamber of Commerce in Thailand due to increased investment of the EU in the Kingdom.

Computer Violation Act

22 Aug 2008

The Computer Violation Act, to take effect on 23 August, requires internet service providers, businesses, schools, hotels, banks, government agencies, apartment and residential complexes, Internet cafes and game shops to retain Internet traffic data of users for a period of 90 days so that police are able to track down persons engaged in cyber crime. Internet cafés are mandated to collect the identity of computer users, log in time, and websites visited.

The Act also stipulates that all companies engaged in commercial and business services through use of computer systems set their computers to Thai Standard Time (TST), the official national time, which is 7 hours ahead of Coordinated Universal Time (UTC). According to media sources, instructions for setting computers to TST can be found at

Violators of the new Act face a fine of between 100,000 to 500,000 baht.

Tax Incentive for the Property Market

15 Aug 2008

The government implemented a tax incentive package, having taken effect on 29 March 2008, to promote growth in the property market. The Act will be in force for a period of 1 year and end on 28 March 2009. Property buyers can avail themselves of reductions in the special business tax from 3.3 per cent to 0.11 percent, the government transfer fee from 2 per cent to 0.01 per cent, and the mortgage registration fee from 1 per cent to 0.1 per cent.

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