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 : |
Property Sales Decrease in Hua Hin and Cha-am, Thailand
28 November 2008
According to media sources, stricter regulations being applied have made it more complicated for a foreigner to purchase land through a company at the Hua Hin and Cha-am Land Offices. The regulations are intended to restrict the use of Thai shareholders in “name only,” or nominees, to purchase land for foreigners.
Land officers must investigate in detail whether Thai shareholders in a company with foreign nationalities holding shares are real shareholders or nominees. The Thai shareholders must provide evidence of the origin of money they have invested in the company. If they cannot do so, or arouse suspicion on the part of the Land Office, they will be unable to purchase land.
Land officers are more likely to investigate a company with shareholders of Thai and other nationalities and a registered capital of 1 million baht. |
MPs Propose New Law on Lese Majeste Offenses
20 November 2008
MPs from the Democratic Party have proposed legislation with harsh penalties for persons defaming the Thai monarchy via the Internet or computer. Violators would face punishment of between 3 – 20 years in jail or a fine of from 200,000 baht to 800,000 baht. The same penalties apply to people wrongly accusing others of the offense.
Persons uploading defamatory remarks will face a jail term of between 5 – 20 years or a fine of from 300,000 baht to 800,000 baht if the legislation is approved.
Furthermore, the newly proposed law will also punish persons who enlist the services of others to defame the monarchy, uncooperative computer system administrators or Internet service providers, and those with repeat offenses, according to media sources.
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