Thailand Legal and Business News: November 2010

Supreme Court Opinions

GROUNDS FOR DIVORCE
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.

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The content of this website was provided with the help of Chaninat and Leeds. Chaninat and Leeds, a Thailand-based law firm, specialized with prenuptial agreement lawyers.

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NEWS :

Treaties Law Fails to Pass Parliamentary Committee

15 December 2010

A joint parliamentary committee meeting to discuss proposed amendments to Section 190 of the Thai Constitution, which provides details on international treaties, failed to reach a consensus on alterations to this section.

A key amendment under consideration is if Section 190 should provide specific guidelines for the types of international treaties that require parliamentary endorsement.

Another point being conside red for amendment is if treaties involving border demarcation issues should be separated from other treaties.

The committee is also meeting to resolve an apparent loophole in Section 190, where the types of treaties and other agreements to meet prior approval by the parliament are not specified.

Government officials have stated that it is necessary for the law to clearly specify the different types of treaties in order to prevent problems in the future.

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