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Supreme Court Opinions

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.

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.

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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Thailand Legal News Updates:


Thailand Cracks Down on Land Sales to Foreign Nominees

18 May 2011

Inspection will be increased for land transactions performed in the popular tourist destinations of Thailand’s South, according to a senior official from the Excise Department.

The increased scrutiny is being instituted in effect of tax loopholes created by the process of property developers using Thai nominees to accumulate land and then re-selling that land to another company. This process allows all parties involved to bypass certain applicable taxes. Property sales have particularly taken off in Koh Samui, Phuket and Krabi, reaching over 100% more than a decade ago in some areas.

As foreign nationals are not permitted to own land in Thailand, companies are using Thai nominees to purchase the land. In many situations, the land is then sold off to another company, which allows room for substantial tax evasion.

Tax rates on land sales occurring between individuals and a company are calculated based on the Land Department’s appraisal. On the other hand, company-to-company sales are calculated through the amount of the transaction, which is often higher than the appraisal price determined by the Land Department.  This results in a loss of revenue for the Land Department. The Excise Department has also stated that any transactions occurring through the use of a Thai nominee violates the Thailand Excise Act.

The Excise Department has asked Regional Excise Bureau 11 to update its IT procedures and systems to enable it to increase inspection of nominee transactions. This bureau oversees operations in eight southern provinces. The bureau will look for any transactions that signify an unusual transfer, such as money transferred between three parties. It will then do a comparison between the land appraisal amount and the sale price of the land.

Thailand Looks into Migrant Slavery Case in Bangkok

4 May 2011

In late April, at least 60 Burmese migrant workers were discovered working in a garment factory in Bangkok after being held illegally for months without sufficient wages. Thailand police began investigating the case and are looking into a lawsuit filed by the Burmese Association of Thailand (BAT).

The employers may have to face at least three different charges if they are found guilty, and also might be required to provide past wages to the migrant workers. They may also be liable for 10 years or longer in prison if convicted.

The employers are accused of violations that fall under the Thai labor law, Thai Criminal law and the Human Trafficking law in Thailand. The Human trafficking charge, by itself, requires a minimum of 10 years in jail in Thailand.

The Thai authorities conducted the raid on April 19th in the Ding Daeng area of Bangkok, discovering the nearly 60 Burmese migrants who had been locked up and forced to work in the factory building. Some had been there for as long as eight months.

As the accused employers will likely not hold anything back in their defense, due to the severity of the penalties, an important source of support for the migrant workers should come from their home country.

The Burmese Embassy in Bangkok, once notorious for ignoring the situation of migrant Burmese workers in Thailand has been in contact with BAT to offer assistance.

While the migrant workers wait for the outcome of the case, they are being kept at government operated guesthouses in Pathum Thani and a security guesthouse in Nonthaburi.


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