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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:


Thailand Improves in World Bank Survey

11 Sep 2008

Thailand has moved 6 places to rank number 13 this year for ease in doing business in a World Bank survey of 181 economies. According to media sources, the factors influencing Thailand's improvement are the use of E-Customs, which has streamlined the export-import process and reduced the number of hard copies needed, a reduction on property taxes making it easier for investors to invest, changes to rules governing minority shareholder rights for companies listed on the Stock Exchange of Thailand, corporate income tax waivers for companies with annual revenues of 1.2 million baht or less. For ease in doing business, Thailand falls behind Singapore , ranked number 1, Hong Kong, ranked number 4, and Japan , ranked number 12, for Asia Pacific countries.

Government to Prohibit Tax Evasion by Rich

8 Sep 2008

The Revenue Department has plans to prohibit measures used by some high-income persons to pay the least amount possible for taxes. A popular custom for the rich in Thailand is to form non-juristic partnerships, which are tax entities that are allowed a higher allowance than the 30,000 baht the government gives to a normal taxpayer based on the Revenue Code. The government may decide to cancel the entity of non-juristic partnerships or reduce tax allowances for partnerships at 30,000 baht per person. Non-juristic partnerships are required to pay annual personal income tax, but not corporate income tax.

Adoption Agreement Between US and Vietnam Ends

4 Sep 2008

The child adoption Memorandum of Agreement between the US and Vietnam ended on 1 September 2008 with both sides unable to resolve their differences amidst reported incidents of forged and altered documents, mothers forced into giving up children for adoption, and children offered adoption without the knowledge and consent of their biological parents. Applications will continue to be processed for Vietnamese children matched with prospective US parents and having received official referral before 1 September 2008.

Anti-dumping Rate on Thai Shrimp

2 Sep 2008

The US Department of Commerce announced a final anti-dumping rate on Thai shrimp at 3.18 per cent, lower than the 6.09 per cent formerly under consideration, based on media sources. Thailand 's shrimp export is expected to increase 15% this year, or to 350,000 tonnes, estimated at 80 billion baht because of the lower anti-dumping rate.

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