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.
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Thailand
Legal News Updates:
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NEWS : |
Internet Service Providers Warned
7 November 2008
The Information and Communications Technology Ministry warned that a new regulation to take effect later this month will authorize the National Telecommunication Commission (NTC) to revoke licenses of Internet Service Providers who neglect to remove hosting for websites containing lese majeste content.
The Ministry will request the NTC to immediately revoke the licenses of Internet Service Providers who fail to close down these sites after three repeated warnings from the Ministry. In extreme cases, the Ministry may not give advance warning before requiring the sites to be closed.
The Ministry will seek to block access to foreign websites publishing lese majeste content from within Thailand. |
Draft Retail Law Rejected
6 November 2008
The Thai Cabinet has rejected the current version of the draft Retail Law proposed by the Commerce Ministry. The draft has been returned to the Ministry for revision and resubmission at a later date, according to media sources.
Small retailers had hopes of the law being passed which would have contained the expansion of large retailers, monopolizing the retail marker, and putting small retailers out of business.
Large retailers have dramatically expanded their outlets from 6,191 last year to 7,031 by the end of September.
The UK Ambassador to Thailand expressed his concern that the draft Retail Law would hinder the establishment of new retail shops, and would impact negatively on foreign investment in Thailand. Although he did not oppose the draft law, he suggested that the government involve all concerned parties, such as Tesco Lotus, Big C and Carrefour, in discussions concerning the draft law. Tesco Lotus is among one of the largest British-owned companies in Thailand with more than 500 branches. Furthermore, the Ambassador explained that UK firms head other European countries in investment in Thailand with total investment of $6 billion USD.
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Court Rules Coup’s NLA Bills Unlawful
6 November 2008
Yesterday the Constitution Court ruled that three bills passed by the coup’s National Legislative Assembly were unlawful because the NLA voted without a quorum. The three illegal bills are the following: the conflicts of interest bill, the community forest bill, and the two – and three – digit lottery bill.
The conflict of interest bill banned politicians and government officials and their spouses, dependants, and relatives from bidding on state projects. Opposers to the bill voiced concerns that the bill would infringe on civil liberties.
The community forest bill permitted forest communities to manage forest areas surrounding their communities, although the bill comprised stringent regulations on the use of protected forest areas and limited the rights of communities to native forest occupants.
The NLA had passed the digit lottery bill as a means of invigorating the government’s digit lottery plan, although some NLA members had opposed the plan because it would have encouraged gambling.
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