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Supreme Court Opinions

THE GROUND FOR DIVORCETS
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi

The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.

SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse

The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.

NON-MONETARY DAMAGES AND ACTING ON BEHALF OF A MINOR
Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom

The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.

SUBMISSIONS:
Chaninat & Leeds is managed by a US lawyer in Thailand. Chaninat & Leeds provided assistance in the translation of Thailand Supreme Court Opinions for the English language Supreme Court Database. Chaninat & Leeds specializes in real estate and land law, and regularly assists non-Thai citizens with real estate acquisitions in Thailand. Furthermore, Chaninat & Leeds assists with US marriage and fiancee visas.
 
Thailand Legal News Updates:

NEWS :

National Pension Scheme Awaiting Approval

22 May 2009

In the next few months, the government will seek approval from Parliament for the nation’s new national pension scheme which would provide pension benefits to 23 million persons not entitled to social security or other welfare programs. The pension scheme would be implemented immediately after receiving approval from Parliament.

Pensioners under the scheme would be eligible for pension benefits of at least 2,800 baht per month, and the scheme is to cost the government an estimated 15 billion baht yearly if 23 million persons, out of a population of over 60 million, participate in the scheme.

Self-employed workers, such as motorcycle taxi drivers and agricultural laborers, would be the first group entitled to pension benefits under the scheme, and must be in the 15-60 age group. These will need to save from at least 100 baht to 1,000 baht a month until they are 60. The government will match 50 baht for every 100 baht contributed.

After 2 years of implementing the scheme for self-employed workers, those covered by social security or a private provident fund would be able to participate in the scheme, subject to an arrangement for employers and employees, although the government would not match funds.

Currently, it is estimated that only 38 percent of the average workers’ income in the last month of work is the amount provided to them through monthly pension benefits at retirement, which is not enough to maintain normal living standards.  


India – Asean to Sign Free Trade Agreement

22 May 2009

India and Asean are due to sign a free-trade agreement at the Asean Economic Ministerial Meeting this coming August in Thailand. However, the signing may be postponed until the 15th Asean Summit in October should problems arise concerning a tariffs reduction document. The implementation of the FTA is scheduled for January.

India and Asean will be committed to liberalizing 95 percent of trading in goods under the proposed FTA. Moreover, the parties will reduce 75 percent of tariffs set for agricultural and industrial products to zero by 2012, and eliminate 10 percent of excise taxes on other products by 2015. Tariff reductions on the remaining products will be negotiable. 

With the lower tariffs subject to the FTA, trade is expected to increase between India and Asean. In the coming few years, trade between Thailand and India is forecast by some experts to increase by $10 billion USD (341 billion baht).


Suspension of Illegal Trading Task Force

16 May 2009

The Deputy Commerce Minister has suspended a special task force authorized to suppress illegal trading in counterfeit goods, reportedly for lack of transparency. The move came a week after the task force raided vendors’ stalls at Patpong night marker, confiscating both illegal and legal items, thereby angering over 200 vendors. The Ministry will complete a review of the incident by next week and plans to renew the operations of the task force after a review of the team’s role.

The task force team consists of officials from the Royal Thai Police, the Intellectual Property Department, and the Internal Security Operations Command.

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