Thailand Legal and Business News: May 2009

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.

NOTE:

This article has been prepared with the kind assistance the law firm Chaninat & Leeds, Ltd. a US Lawyers in Thailand. Chaninat & Leeds is a full-service law firm practicing both family and business law, specializing in immigration law, divorce cases, land acquisition and company registration.

Thailand Legal News Updates:

NEWS :

FTA Talks with the EU

7 May 2009

The government has been urged by the Joint Private Committee on Commerce, Industries and Banking to move ahead with the free-trade agreement with the EU, after the EU’s signing of FTAs with Singapore and Vietnam.

Thailand has had eight rounds of talks with the EU concerning the FTA. Sources state that the EU is considering whether to sign the FTA with Thailand or the Philippines.

Thailand to Request Inclusion on USTR’s Out-of-Cycle Reviews

2 May 2009

The Thai government will make a written request to Washington to include Thailand in its “Out of Cycle Reviews,” in efforts to upgrade its trade status before the annual revision next year. This action arose from Washington’s decision to let Thailand remain on the Priority Watch List for weak intellectual property rights for a third consecutive year. The letter will emphasize Thailand’s commitment to protection intellectual property rights as a national agenda. The Out-of-Cycle Reviews category would provide Thailand with more opportunity for trade benefits and raise its image internationally.

US trade benefits under the Generalised System of Preferences (GSP) should not be affected according to the Deputy Commerce Minister. The revised GSP will be announced by the United States Trade Representative on 1 July 2009.

Proposed Amendment to Statute of Limitations

2 May 2009

The Thailand Justice Ministry is to propose amendments to the Statute of Limitations for criminal cases on Tuesday. The Ministry will argue that the current time limit for bringing a case to trial is inappropriate. This is especially the case when politicians and government officials are incriminated.

The amendment would require that if an accused person flees his place of residence or country, the time limit would restart once the person is arrested or accedes to the legal process. The case will not be dismissed even when the statute of limitations expires if the case has been brought to court. Only if the accused has been judged insane will the case be dismissed.

The Amendment would make bring the Thai law more similar to the law in most western jurisdictions, where the statute of Limitations is tolled when a defendant has fled the jurisdiction.

Thailand Gemstone Exports to US Fall

1 May 2009

The US law banning imports of Burmese gemstones and the recession have caused Thai gemstone and jewellery exports to the US to fall drastically by 40 percent in the first quarter from $259 million to 155.3 million. The Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act took effect last September and has resulted in loss of up to 100,000 jobs in Thailand. The act imposes economic sanctions against Burma’s anti-democratic junta for human rights violations by barring US retailers from purchasing gemstones originating from Burma from entering the US through third party countries, such as Thailand or India.

A representative from the Thailand Gems and Jewellery Industry has stated that the US is not abiding by the World Trade Organization’s regulation on country of origin in which gemstones cut, polished, and undergoing extensive transformation in Thailand would be classified as originating in Thailand based on sources. Currently Thailand imports 20 percent of unpolished gemstones from Burma.

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