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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:


Mutual Funds

31 October 2008

Mutual-fund companies are now required to disclose their investment portfolios on a monthly basis, instead of bi-yearly as formerly. This new regulation by the Stock Exchange Commission is intended to make current information available for investors wishing to invest in mutual funds. Companies are now required to divulge the top five industries and top five stocks in their portfolios within 15 days after the end of each month, based on media sources.

Social Security Reductions Approved

30 October 2008

The government has approved reductions of social security payments intended to help employers and employees deal with the current global financial crisis.  The measure will take effect early next year and last for a period of one year.

The social security rate will be reduced from 5 percent to 3.5 percent of an employee’s salary for both employer and employee. The government’s share will also be reduced from 2.75 percent to 2.25 percent.

However, employees making between 15,000 baht to 100,000 baht will have only 15,000 withheld, in which case employees in this income bracket will pay 6,300 baht per year for social security instead of the 9,000 baht required at present.  

The Social Security Office calculates that employees and employers will each retain 11.6 billion baht in savings and the government will save 3.8 billion baht as a result of the new measure. The Office hopes the new measure will deter lay-offs.

GI Status for Mud Mee Thai Silk

30 October 2008

Geographical indication status for Mud Mee Thai silk is being sought by provincial authorities in Khon Kaen. The GI protection system protects products with a quality and other characteristic unique to its geographical location from competitors, and would protect the unique Mud Mee Thai silk, made in Channabot district, from counterfeiting.

Khon Kaen authorities have set up a committee in preparation for registering the silk. The committee plans to submit the GI application to the provincial commerce office this week. If approved, GI status would be awarded by 150 days, and registration would need to be sought by silk makers before the GI mark can be put on their products, according to media sources.

Possible Extension to Tax Breaks for Property Market

29 October 2008

Finance Minister Suchart Thada-Thamrongvech plans to propose to Cabinet next week a continuation of the government’s tax incentive package to stimulate the property market for another year.  The temporary measure took effect in March 2008 and will expire in March 2009. The tax incentive package reduces property transfer fees from 2.0 percent to 0.01 percent.

Shares of Thai developers have risen since Wednesday amid talks of possible extension to tax breaks.
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