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.
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:
Based in Bangkok, Thailand, Chaninat & Leeds specializes in cases of Thailand divorce and family law and has expertise in providing assistance in adoption cases. |
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Thailand
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NEWS : |
AFTA moves into Second Month
7 February 2010
On 1 January, Thailand and five other countries of the original ASEAN agreement, namely, Brunei, Indonesia, Malaysia, Philippines, and Singapore, cut more than 90% of their import duties to zero. Also on 1 January, China followed suit entering into the China-ASEAN free trade agreement (CAFTA), reducing most of its trade import tariffs to zero.
Other ASEAN countries, namely Cambodia, Laos, Myanmar and Vietnam, will be reduced to zero as of 1 January, 2010. This date will usher in what is being called the “Asean Economic Community” .
Thailand has thus opened itself up to a range of opportunities, but also some threats. Thailand’s industries that are considered sensitive in this area of free trade are cut flowers, potato, coffee and coconut meat, as competition from other countries increases.
As we enter this new era of ASEAN free trade here are the facts:
Thai population: 66 million
Thailand’s GDP: US$547.4 billion (2008)
Thailand’s GDP by sector: Agriculture 11.6%; Industry 45.1%; Services 43.3%
Thai labor force: 37.78 million (2008)
Thai exports: $174.8 billion
Thai imports: $157.3 billion
ASEAN population: 580 million
ASEAN combined GDP: US$1.5 trillion
ASEAN’s combined intra-regional trade: $1.7 trillion
ASEAN’s foreign direct investment: $60 billion |
International Commission of Jurists Question Thai Security Act
5 February 2010
The Thailand Internal Security Act (ISA) has come under scrutiny by the international law NGO, the International Commission of Jurists (ICJ), in a report released on 5 February, 2010.
The ISA was passed during the coup government of 2006 and put into force in early 2008. The law defines and regulates the powers of the Internal Security Operations Command (ISOC), a military force that was first created to address communist uprisings in the 1960s.
According to the ICJ, the draft of the ISA that was passed into law is significantly better than previous drafts, yet the ISA continues to give broad powers to the ISOC.
In their report, the ICJ expressed concern that the ISA contains many definitions and provisions that are vague and broadly-worded so that they may apply to situations that do not actually pose security threats; citizen’s rights, such as freedom of movement, expression and association, are at risk of being violated; and the ISOC is given powers that risk undermining civilian authority and democratic governance.
The ICJ did not recommend that the government of Thailand repeal the ISA, but instead asked that these aforementioned areas of the act be amended in order to protect the democratic rights of its citizens as well as to uphold Thailand’s international human rights obligations. |
Levy on Rubber Sales Planned
5 February 2010
A new levy on rubber sales is being planned by the National Natural Rubber Policy Committee. The levy will be given to the rubber replanting aid fund and is expected to be in effect by August, 2010. The Committee plans to seek the Cabinet’s approval shortly.
The levy, which has been in existence since 1960, is currently set at Bt.1.40 per kilogram of rubber. The levy changes intend to implement a rate that will correspond to the selling price: if the price is below Bt40, the rate will be 9 satang a kilo; between Bt 40 and Bt60, the rate will be Bt1.40; between Bt60 and Bt80, the rate will be Bt2; if between Bt80 and Bt100, the rate will be Bt3; if over Bt100, the rate will be Bt5. As of 4 February, rubber was selling for Bt93.50 per kilo.
The aid amount that is directly returned to rubber farmers for replanting is set to be raised from Bt11, 000 to Bt15, 000 per rai. |
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