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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:


Import Rules
12 Febuary 2008

To prevent the possible shortage of essential commodities, the Commerce Ministry has plans to revise import regulations to allow easier import of wheat flour, powdered milk, soybean oil, and detergent to combat the rising costs of diesel and consumer products, while protecting local manufacturers.
Tax Breaks for Parents of Disabled Children
12 Febuary 2008

Sutha Chansaeng, new Social Development and Human Security Minister, stated his wishes to give opportunities to parents of disabled children in the form of tax breaks in the next coming 3 months. He is also open to discussion regarding the demolition of the controversial, run-down apartments in Din Daeng to make way for newer apartments.

Ban on Smoking
12 Febuary 2008

The Public Health Ministry regulation banning smoking in specified public areas came into effect in February, although the regulation will be legally enforced and punishable by law on 31 May. During this time period, the ministry has instituted an educational campaign to inform establishment owners and the public of the new regulation.

The regulation strictly prohibits smoking in air-conditioned restaurants, pubs, discos, and similar entertainment establishments. The regulation also bans smoking at non-air-conditioned restaurants, private offices, markets, and trade exhibitions, although provision may be made to provide a designated area for smokers with signs indicative of smoking and non-smoking areas.

Violators of the regulation may face fines of 2,000 Baht for smokers and 20,000 Baht for establishment owners

Panels to Review Constitution
14 Febuary 2008

The government has plans to make amendments to the 2007 constitution based on national policy. Panel members will be selected from representatives of state agencies and the legal department of the Prime Minister's Office on the one hand and another panel selected from the House based on recommendations by the government. Studies by the two panels will be compared and used as a basis for amendments to the Constitution.
Alcohol Laws
19 Febuary 2008

Sources state that Public Health Minister Chaiya Sasomsap is more concerned with the adverse affects of illegal, home-distilled alcohol on health and revenue than on legal alcohol. He reportedly commented that he does not believe increased controls on alcohol advertisement would reduce alcohol consumption based on the evidence derived. He stated: "The more we limit the time alcohol commercials are shown (on television), the better liquor sells. The existing laws to control alcohol commercials are good and effective enough." He explained that home-brewed alcohol, sold in plastic bags, is cheap and widely available.
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