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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:


New Regulations for Stem Cell Therapy

30 July 2008

In three months' time, the Thailand Medical Council will enforce regulations on use of stem cells for medical treatment and punish physicians who disregard the regulation. This measure is to protect the public from unsafe and unapproved therapy after the Medical Council received reports of doctors from government and private hospitals using stem cells for curing heart failure, Parkinson's disease and diabetes, according to sources. The only authorized use of stem cells in Thailand is the transplantation of blood stem cells from the bone marrow for leukaemia patients. The Medical Council has approved this treatment for more than 40 years.

Ban on Cambodian Gems

30 July 2008

US President George W. Bush has signed legislation prohibiting US retailers from purchasing gems originating in Burma. The legislation tightens laws enacted in 2003 banning import of Burmese goods into the US and is to take effect 60 days after President Bush signs it.  A loophole in the former law allowed gems originating in Burma, but cut and polished in other Asian countries such as Thailand or India, to be purchased by US retailers. The new law effectively closes the loophole according to sources

The tough stance of the US is in response to human rights violations by the Burmese government and the violent reaction of the government to pro-democracy protest in 1988. The US has prohibited investments by US nationals in Burma since the early 1990s.

Deposit Insurance Act

25 July 2008

On 11 August 2008, the Deposit Protection Act is to take effect throughout Thailand, bringing changes to the amount of bank deposits insured. At present commercial bank deposits are insured by the government at 100% for the duration of the deposit in the event a bank's license is cancelled or a bank goes bankrupt. However, the new Act protects 100% of deposits with local and foreign financial institutions in Thailand in the first year, or until August 2009, decreasing to 100 million baht per person per bank in the second year, 50 million in the third year, 10 million in the fourth year, and 1 million from the fifth year on.

It is estimated that 900,000 accounts, or 1.2% of the total depositors, contain 1 million baht or more in deposits. Yet the accounts comprise 73% of the total money saved of 5.1 trillion baht.

A survey of bank depositors having 1 million to 100 million in bank deposits conducted by Kasikorn Research Center indicated that 26.3% of the respondents intend to divert their funds to investment in property, 17.7% in government bonds, 12% in gold, 9.2% in mutual funds, and 5.7% in stocks according to sources. Of the respondents, 61% were previously unaware of the new Act.

Land Deeds Revoked

24 July 2008

The Thailand Land Department has revoked Nor Sor 3 possessory land deeds for plots of land in Phuket, Phang Nga, and other provinces across Thailand according to media sources. Twenty-nine land plots in Phuket's tambon Rassada, Muang district, 21 plots in Phang Nga's tambon Phru, Ko Yao district, and 598 plots in Kapong district have been revoked. Many of the plots are located in forested areas and the land deeds were illegally issued. The investigation and revocation of illegally issued land deeds was dictated by the Interior Minister Chalerm Yubamrung. Other areas of investigation are Surat Thani province, Koh Chang in Trat province, and Khao Soi Dao in Chanthaburi.

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