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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:


Government Officials to Avoid Usage of Foreign Email Providers
4 Febuary 2008

A letter from the Secretariat of the Cabinet to all provincial governors dated 7 Jan 2008 has been the cause for controversy. The Secretariat of the Cabinet reportedly stated that cabinet members endorsed a resolution for all government officials to avoid using private or foreign email providers, such as Gmail, Hotmail, or Yahoo, to communicate official matters so as to ensure that confidential government secrets are not leaked to outsiders. The deadline for implementation of the resolution is one year for government officials and three months for high-ranking government officials. Proponents to the resolution explain that email users may not be aware that Internet providers can read emails or attachments without any legal repercussions based on their "privacy policy". Opponents to the resolution view it as an infringement of communication rights, stating that foreign Internet providers provide superior services and that the government should address the problem to ensure that emails of government officials will not get hacked.
Autonomy Granted Prestigious University
6 Febuary 2008

His Majesty the King has signed the bill affording autonomy to Chulalongkorn University in the face of opposition from within and outside the prestigious university. The new regulations involve human resource management and selection of university council members and top-ranking university staff.

Supreme Court Overturns Lower Court Ruling in Ultraman Case
6 Febuary 2008

The Supreme Court overturned a lower court ruling involving copyright infringement in Thailand of Ultraman, a fictitious and well-known TV hero. In 1997 Tsubaraya Production, a Japanese company, filed a legal proceeding against Sompote Saengduenchai. Sompote made claims that he had a part in the invention of the TV hero, and his company, Tsuburaya Chaiyo, reportedly made profits from sale of Ultraman accessories and an Ultraman TV show. The Supreme Court found no evidence to support Sompote's claims and ordered him to stop his activities within 30 days of the ruling, thereby overturning a lower court decision. Sompote was also required to pay Tsubaraya Production 10.7 million Baht with interest starting from the filing of the lawsuit in December 1997.
Reproductive Rights
6 Febuary 2008

Disabled women want their rights to have children protected according to sources. They have reportedly been sterilized without being informed of the procedure beforehand and against their will, only to find out later they had undergone sterilization after consultation with a doctor on the reasons for their infertility. Disabled persons are viewed as irresponsible when they become pregnant and their children a burden to society by some public health officials, explained Dr. Penchan Pradubmook -Sherer of Mahidol University.
PPT Granted Extension
6 Febuary 2008

PPT was granted an extension period of 30 days after the date of the establishment of the energy regulatory body to return assets to the state by the Administrative Court, in line with its plans to privatize. The assets to be returned are pipelines and certain land areas. PPT explained that the setting up of the energy regulatory body by Energy Minister Piyasvasti Amranand was done quicker than PPT had believed would happen, which narrowed the time period for settling the assets. The Cabinet decided to set up the energy regulatory body on 22 January.
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