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.
|
|
 |
|
Thailand
Legal News Updates:
|
NEWS : |
Traffic Victims Protection Act Reportedly Inadequate
15 December 2008
The Traffic Victims Protection Act, enforced since 1992, has come under criticism from health advocates for failing to pay all the hospital bills of victims involved in traffic accidents. During the 15 years of the Act’s enforcement, sources report that most victims could not access compensation and became bankrupt as a result of being unable to pay hospital bills.
The Act requires private insurance companies to be carriers instead of the public sector and is based on service fees and maximum liability. Under the Act, a lump sum payment is paid out in the event of death and disability.
The Act requires the accident victim to pay for medical costs at a government hospital out of his own pocket, present documents and a police report, and thereby receive compensation at a later date from the government. Unfortunately, sources report that many accident victims are poor and do not have the funds to pay out of their pockets.
It has been claimed from a surveillance report of the Public Health Ministry that only 18 percent of road accident victims received compensation under this Act from 1999-2005. |
Jail Term for Illegal Dormitory Owners
13 December 2008
Dorm owners who fail to register their student dormitories, in violation of the Dormitory Act of 1964, by the end this year will face a maximum penalty of 6 months’ imprisonment starting 1 January 2009.
Dorms requiring registration are those accommodating five or more students aged less than 25 who are studying at a Bachelor’s level or lower. According to the Dormitory Act, owners must provide separate living sections for male and female students. |
Tax Incentives for Select Companies
9 December 2008
The Thailand Board of Investment (BoI) has stated its intent to implement tax incentives for companies that have incurred damage from the closure of Bangkok’s two main airports from 25 November to 3 December. The tax incentives are intended to compensate for losses experienced by these companies. However, if approved, the tax incentives will apply only to companies that have received BOI incentives. The proposal is awaiting approval from the new government, and has not taken effect at this time. |
Asean-EU Free-Trade Agreement Delayed
1 December 2008
The free trade agreement between Asean and the European Union is facing delay. The event will likely be postponed until possibly 2010, according to a senior official of the European Commission based in Jakarta. Initially, expectations were that the agreement would be signed by next year.
The only countries prepared to sign the free trade agreement with the European Union at this time are Thailand, Brunei, and Singapore, based on media sources. Other Asean countries are grappling with issues of intellectual property protection, as well as different economic conditions between the particular Asean countries and the EU, and hence are not ready to sign the agreement at present.
Asean’s second largest trading partner is the European Union, whereas Asean is the European Union’s fifth largest trading partner. Asean is set to conclude a free trade agreement with China and Japan, competitors of the EU, shortly. During the Asean Summit which will be held in Chiang Mai next month, Asean plans to sign a free trade agreement with China, India, and Australian - New Zealand. Hence the delay of the FTA will have some impact on the EU. |
|
|
|
| |
|
