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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 Grounds for Divorce
1 April 2008

Promulgation of the Civil and Commercial Code (16) B.E. 2550 (A.D.2007)
The Civil and Commercial Code has undergone revision related to grounds for divorce, granting equal treatment under law for both men and women. The National Legislative Assembly promulgated the new law on 30 August 2550.

Section 1516 (1): A husband or wife that provides maintenance or honors another person as a spouse in an adulterous relationship, or has committed fornication with the person as a practice, may be subject to divorce proceedings on the part of the other spouse.

Temporary Ban on Castration
2 April 2008

Thailand's Public Health Ministry ordered private hospitals and medical clinics in Bangkok to temporarily stop non-medical castrations performed on transsexuals. The directive will be sent to hospitals and clinics outside of Bangkok shortly.

Media sources report that underaged boys (under 18 years) have undergone castration, unaware of the risks of possible stunted physical development and hormonal imbalances, and without a thorough understanding of the consequences of the procedure. The ban will be in effect until a decision is made by the Public Health Ministry, in conjunction with the Medical Council, on the matter.

New Procedures for Granting a Business License Under the Foreign Business Act
4 April 2008

In efforts to promote transparency, gain the confidence of foreign investors, and simplify the foreign business licensing process, the Ministry of Commerce issued new regulations easing the application procedure for alien businesses in the following 5 categories under List 3 of the Foreign Business Act. more

Government of Cambodia Bans Marriage with Foreigners
6 April 2008

The government of Cambodia has temporarily banned marriage between Cambodians and foreigners in response to the International Organisation for Migration's report revealing the adverse conditions of Cambodian brides moving to South Korea for marriages arranged at exorbitant prices by marriage broker companies. The brides are mainly poor and uneducated and receive very little for the marriage, whereas the brokers can make tens of thousands of dollars. You Ay, secretary of state at the Women's Affairs Ministry, stated: "This suspension is to prevent human trafficking through marriage." She also reported that the ministry received reports from seven Cambodian women returning to Cambodia of abuse received by South Korean husbands.

Securities and Exchange Act
9 April 2008

The new Securities and Exchange Act, effective since March 5, makes compulsory and law-binding beneficial corporate governance practices which were only recommended in the past but not enforceable by law. The intent is to attract foreign investment and economic development. The act focuses on the rights of shareholders and their equal treatment and the duties and responsibilities of the company's board of directors. Shareholders are to receive the necessary information in order to make informed decisions on significant corporate transactions. Minority shareholders cannot transfer interests to affiliates of majority shareholders or management.

Fraud on the part of the company's executives and board of directors will bring about  heavier punishment in terms of imprisonment and fines. Employees aware of illegal practices on the part of top management are urged to inform the Securities and Exchange Commission, confident that they will receive protection under this act.

Content and translations of Thailand law has been provided by volunteers from Chaninat & Leeds, a Bangkok based law firm specializing in K3 visa attorney in Thailand services. Chaninat & Leeds has assisted with clients requiring US visa lawyer in Thailand since 2001.

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