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Supreme Court Opinions

Mrs.Thidatip Srirun vs. Mr. Lerts Srirun

The plaintiff registered her marriage with the first defendant, who thereafter registered a subsequent marriage with the second defendant and lived with the second defendant as husband and wife although the first defendant and the plaintiff had not yet divorced. The plaintiff filed a divorce in Thailand and claims for right to child support payment from the first defendant. The Supreme Court overturned the ruling of the Appellate Court on child support payment issues in this case.

Miss Napit Injan vs. Sabkeaw Co., Ltd

The plaintiff (buyer) did not make the transfer of condominium ownership within the specified time as stated in the letter the defendant (seller) claimed was sent to the plaintiff, yet the defendant made another appointment to transfer ownership of the condominium unit at a later date, and permitted the plaintiff to inspect the cracks in the wall of the disputed unit. The court finds that, although the defendant's letter stated that the agreement would be terminated if the transfer of ownership was not made in the specified period, the agreement was not invalidated in this instance as the defendant's actions were indicative of the defendant's intentions to sell the condominium unit.


Mrs. Payoun Keawketthong et al. vs. Mr. Kamol Tanangsanakul by acting representatives Mr. Koukert Tanangsanakul et al.

Adverse possession of the land of another person, permitted according to section 1382 of the Civil and Commercial Code, is subject to possession of land with a title deed only and based on the condition that the trespasser must have resided on the land for a continuous period of 10 years or more. Based on this condition, the defendants were deemed not entitled to ownership of the disputed land.

Thailand Legal News Updates:


Asean and Japan Agrees on a Tariff Free List
21 November 2007

Asean and Japan have agreed on a list of products to be exempted from tariffs under the Asean-Japan free trade agreement which will cover 90% of products traded between Japan and Asean countries. According to media sources, Thai officials participating in the negotiations expect the FTA to increase trade by 10%. Before the Japan- Asean FTA is ratified, there will have to be a process of public hearing and parliamentary approval as stipulated in the new constitution. Japan is Asean’s second largest trading partner, following the US. It is expected that the agreement will most strongly benefit Thai business with Japanese partners, especially those in the electricity, chemical, automotive sector, as well as textile and jewelry exporters. It is also predicted that under the agreement foreign shareholding in healthcare, tourism, aviation and information technology will increase.

FBA Friendly to Foreign Investors May Be Drafted
16 November 2007

According to media sources the Foreign Business Act drafting committee is considering measures which would facilitate foreign investment.  The controversial act was first proposed in December 2006 and has not yet become law despite the drafting of numerous versions.  The foreign business community and foreign Chambers of Commerce have consistently come out against the bill for provisions which would have prevented foreign shareholders from holding more than 50% of voting rights in Thai companies.  The drafting subcommittee is now considering creating clearer requirements for the third list of businesses prohibited to foreigners. This would enable foreign shareholders to know whether they can hold majority shares and voting rights in specific types of ventures.  The subcommittee is considering adjusting the list to maintain foreign investment in Thailand.  The bill will be resubmitted for a reading by the National Legislative Assembly before the end of their term in January.

Retail Act to Be Pushed Through Congress
13 November 2007

The Ministry of Commerce will present the Retail Business Act to the National Legislative Assembly tomorrow in an attempt to pass the act within the current government’s term. Drafters of the Act intend for it to protect small retailers from giant retailers and to prevent one giant retailer from monopolizing the country’s retail business. Current regulations aimed at protecting small retailers, including prohibitions on price dumping, collection of unfair entrance fees, unfair product-return policies, unfair trading contracts and forcing suppliers to pay special costs have been in effect since 2006.

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