Section 172 Act
of the void can not be ratified. And one of the stakeholders will lift the void
of voidness.
If the property must be
returned from a void. The provisions of this Code shall apply mutatis mutandis.
Judgment of the Supreme Court 7666/2559.
The plaintiff's intention to
enter into the plaintiff's life insurance contract is due to the seriousness in
the number of years to pay the premium. And the wrong one is caused by the
defendant, the insurance agent of the second defendant to provide information
that does not meet the conditions of the policy. The number of years to pay
premiums is considered as the essence of the insurance contract. Life insurance
between the plaintiff and the defendant 2 is void under
Section 156 paragraph one when the life insurance contract
is void. No binding contract parties to the two can not apply the general terms
of life insurance policy that the plaintiff must exercise the right to cancel
the policy within 15 days from the date of receipt of the
policy. Applicable If the provisions on Apparatus to apply under the Civil and
Commercial Code, Section 172, paragraph two, the defendant
must return the premium to the plaintiff.
Section 173. If
any part of the act is void. The act is void. Except as may be assumed by the
circumstances of the case. The parties intend to make the non-null part
separate from the null part.
Section 174. Any
void but other legal nature which is not void. To be legal. Not void. If it is
assumed by the circumstances of the case. If the parties know that it is void.
It would have been intentional at first to do other legal acts that do not
invalidate it.
Judgment of the Supreme Court 3440 - 3441/2559.
The plaintiff sued. The
plaintiff is the land dispute, which is mortgaged with the defendant bank 1 and 2 to repay the mortgage to the bank
instead of the plaintiff. The plaintiff sold the land dispute to the defendants
1 and 2, with no intention to
actually trade and the defendants 1 and 2
did not intend to own the intention to raise the dispute to the plaintiff.
According to the plaintiff's case. It is not a camouflage. Because the act of
camouflage under the Civil and Commercial Code, Section 155,
paragraph two, it must have two legal acts, both parties pretend to commit one
act camouflage another law, which is intended to tie the legal relationship.
However, according to the plaintiff's complaint is only a legal transaction of
land disputes. There are 2 legal acts camouflage. The
first and second defendant to pay the mortgage to the plaintiff instead of the
plaintiff. It is not the first and second defendants acted with the plaintiff.
The issue of the case is that the plaintiff claimed. The plaintiff and the
defendant, 1 and 2, deliberately
deceived by the other party to know. The waiver of the Civil and Commercial
Code, Section 155, paragraph one, an interested person to
raise any claim at any time, according to Section 172, the
plaintiff sued to withdraw the plaintiff at any time. Although the plaintiff
sued the case for more than 10 years, the right to sue for
the revocation of the plaintiff's act is not terminated.
Judgment of the Supreme Court 534/2559.
Defendant 1
fraudulently plaintiffs by fraudulent means that the policy is the same as the
deposit with the bank can withdraw money, but the privilege is protected by
life insurance and to sign a life insurance claim and the defendant, the first
defendant. Submitted to the defendant 2 for the plaintiff
to enter into a life insurance agreement with the defendant. 2,
the plaintiff is the plaintiff agreed to enter into insurance contracts. With
the defendant in the wrong or wrong in the content or nature of the act of the
substance of the act. Life insurance will be void under Section 156
paragraph one and the second defendant, which received a premium from the
plaintiff, so the money received for the plaintiff due to the plaintiff as a
result of the death. Section 172, second paragraph,
Section 412.
Judgment of the Supreme Court 15919/2555.
Issue Certificate (Miss. 3g.) No. 4410 is a specific issue. The
evidence of Aug 1 of the land conversion as evidence as
the report of the 3 A legally unlawful. To be withdrawn
under Section 61 of the land which, according to the
plaintiff's indictment, clearly described that the defendant, Miss. 3 g, was illegally issued to sell the plaintiff and receive 660,000 baht, the defendant is not the
owner of the land. that The plaintiff can not buy land. The plaintiff entered
into a contract with the defendant to make a contract by mistake in the
substance of the act. The contract is a void under Section 156 of
the Reparation of property under the Civil and Commercial Code, Section 172, paragraph two, Section 412, so the
plaintiff sued the defendant to return the land. And the prosecution of the
plaintiff to pursue a refund under Section 1336 no age.
Plaintiff's case is not terminated. And when the plaintiff does not claim that
the defendant asked to pay back when. The defendant must return the amount of
interest plus the date of filing.
Judgment of the Supreme Court
6838/2555.
Although the memorandum of
sharing of inheritance will be a compromise agreement under Section 1574 (12)
that the Act does not represent the minor. Except the court will allow the
defendant and the second defendant made the record instead of the defendant,
who is a minor child without the court's permission to violate the provisions.
But the court request? It is not a legal act and the law is not explicitly
stated that the act violates the provisions of such a void. The law provides
that legal entities do not act on the property of minors under Section 1574,
unless the court permits. It is the intention of the law that the court wishes
to supervise the interests of the minor. To ensure that the legal
representatives perform their duties as provided for by law for the benefit of
the minor. The act violates the provisions, so it is not so invalid. The only
effect is not binding the minor. The provisions of the law are intended only
for protection. This problem is a legal issue of public order. Civil Code Section
142 (5), when the memorandum of sharing of the inheritance is not invalid, that
any one of the stakeholders can lift the void of void. The claim was made by
the Civil and Commercial Code, Section 172, paragraph one, but the effect is
not binding on the defendant, who is a minor. It is the only defendant to raise
the breach of such provisions, claiming that they do not have to be bound by
such records, so the plaintiffs who are third parties have no right to raise a
claim to revoke the memorandum. Share the property legacy.
Judgment of the Supreme Court
1365/2554.
The plaintiff and the
defendant know that the land has no provisions to transfer within 10 years
under Section 31 of the land, but it traded by avoiding such requirements. How
to make a contract to buy and sell. It is expressly prohibited by law. It also
registered the lease to the defendant, who would buy a camouflage. And will
testify that when the plaintiff died of plaintiff's land is the defendant. All
such acts are null and void. It is not a case of void and then be washed later.
To make the party back to the position as it was. Some of the land paid to the
defendant is so arbitrary as to repay the debt, knowing that they have no
obligation to pay. The plaintiff has no right to return the money.
Judgment of the Supreme Court
2952/2554.
The contract of sale of land
and property is a contract made without a real intention to bond. The intent of
the trick by the acquaintance between the plaintiff and the defendant. To the
plaintiff brought the land and the disputed home to the mortgage as collateral
for loans to banks. And the defendant entered into a lease agreement to
guarantee the debt to the bank. The contract of sale and lease is therefore
void under Section 155 paragraph one.
Section 175 Void Act. The
following people will tell me to wash it.
(1) a legal representative or
a minor who has reached the age of majority; But the minors will be able to
tell before they reach the age of consent if the consent of the legislator.
(2) a person ordered by the
court to be an incompetent or quasi-incompetent person; When the person is free
of any disqualification or quasi-incompetence. If the consent of the guardian
(3) The person who
intentionally made a mistake. Or scammed Or threatened
(4) An insane person who has
committed a void under Section 30, while his or her life is not
If the person who made the
void law before the death of the void. The descendants of such individuals may
be told to clear the void.
Section 176
of the void. It is considered null and void. And the party back to the
original. If it is impossible to return it. To get compensation for damages.
If anyone knows or should know
what is a void. When told to clear. The person is aware that it is void. The
day that I know or should know it is void.
No right to claim, but to
return to the original position under paragraph one. One year after the date of
the cessation of void.
Judgment of the Supreme Court 19696/2557.
The defendant was aware that
the construction dispute was not properly licensed in 2006,
but the defendant never asked for additional permission to obtain a
construction permit. If the defendant is honestly wishes to sell the disputed
building in accordance with the condition of construction is not properly
authorized. Should be notified to the plaintiff before the contract to buy. If
the plaintiff is the owner of the building, then the plaintiff may be suspended
use of the building dispute or be fined at a high rate. And getting more
permission later is tricky and time consuming. The plaintiff agreed to enter
into a contract with the defendant to make a condition that the defendant must
deal with the construction permit right. And no penalty, the plaintiff has to
deposit a lot. I believe that the plaintiff did not know that the building
construction dispute is not right under the construction permit before the
contract is traded. The contract of sale of the plaintiff is a major mistake in
the property dispute that construction is required by the construction permit.
The plaintiff made a void by the Civil and Commercial Code, Section 157, paragraph one, when the plaintiff to clear the void of
karma, but it is invalid as the first paragraph of Section 176
paragraph one, the defendant must return. Deposit with interest to the
plaintiff.
Judgment of the Supreme Court 13764/2557.
The plaintiff signed a
contract to buy land to sell the land and the dispute with the defendant, and
then repair the building dispute. By the rear of the path. Create a wall off
the corridor. Create more mezzanine floor. The height of the building is 4-story steel frame construction from the 4th
floor up, so it is believed that on the date of the contract to buy and sell
the land and the disputes. The defendant did not inform the plaintiff that the 2 floor floor is floating, the defendant has not demolished to
complete the order of the Chom Thong office. If the defendant told the
plaintiff to know this fact. It is unlikely that the second plaintiff will dare
to fill many buildings and spend a lot without scrutiny before. The plaintiff
has a contract to purchase land and commercial disputes from the defendant by
mistake in the properties of the property, which is usually considered a
matter. The contract is to sell it as a void under Section 157,
even if the plaintiff did not clear the void. But this lawsuit has the same
effect as to clear the void karma. The sale and purchase agreement is void. The
parties must return to their original position under Section 176
paragraph one, each party may not rely on the contract to buy and sell as an
excuse to claim damages against each other. The defendant is liable to the
plaintiff, the only refund of land and commercial disputes. Only the plaintiff
can not claim any damages. From the defendant.
Section 177. If
a person has the right to clear the void under
Section 175,
any person Has ratified the void It is considered complete at first. However,
this will not affect the rights of third parties.
Section 178
Dilution or ratification of a void. It can be done by expressing the intention
to the other party, who is a definite person.
Section 179
Ratification of the void. It is only after the time that the cause of the void
is exhausted.
The person ordered by the
court to be an incompetent. Quasi-incompetent person A voidable act under Section
30 shall be ratified by a voidable person upon the
recognition of that void after that person has ceased to be an incompetent.
Quasi-incompetent Or at the time of the person's death is not a case.
The successor of the person
doing the void. To ratify a void from the time the legal act is dead. Unless
the right to clear the void of the dead has ended.
The provisions of paragraphs
one and two shall not apply. If the ratification of a void is made by a
representative Kindergarten or guardian
Section 180. After the time
for ratification under Section 179, any one of the following circumstances
shall arise in relation to a void by action of a person who has the right to
declare a void under Section 175 if it is not reserved. What is considered to
be a ratification.
(1) has fully or partially
repaid all
(2) has been called for
repayment.
(3) New debt has been
converted.
(4) has been insured for the
debt.
(5) All or part of the right
or liability has been transferred.
(6) Other acts which have been
ratified.
Section 181. The void shall
not be declared after the expiration of one year from the time when it may be
ratified. When ten years have elapsed since the act was made void.
Judgment of the Supreme Court
6350/2541.
The seller will have a
contract to sell all 8 plots of land while the MPs are normal. But during that
time. The land must be transferred to the buyer. According to the contract to
sell, it appears that MPs have been ordered by the court to be incompetent and
to be in the kindergarten of the petitioner, so when the petitioner who is a
kindergarten contractor will be traded by the registration of the transfer of
ownership of all 8 plots of land. Selling to the buyer. The petitioner must
obtain prior court approval. According to the Civil and Commercial Code,
Section 28 paragraph two and 1574 (1) in conjunction with Section 1598/18,
paragraph two. It is a void, but the petitioner as a kindergarten who has the
right to clear the void does not tell the buyer to clean. The petitioner has
also expressed his intention to make the land transaction law. The court
ordered the adjudicator to be incompetent. And in the kindergarten of the
petitioner. The petitioner contacted the land authorities and filed a petition
with the court for a legal transfer of land ownership. This circumstance can be
considered that the petitioner has ratified the contract to trade a void by
giving the intention to the buyer. The other party under the Civil and
Commercial Code, Section 178. The contract will be completed in the first place
under Section 177, which binding the petitioner must comply with the contract.
The petitioner must proceed to transfer the ownership of the land to the buyer.
This is why the petitioner must follow. Terms in the contract will be traded.
The other two sons of the MPs, who told the Court of First Instance that the
details of this case were not objectionable, and the court has taken into
account the price of such land transaction, and found that the purchase price
of land is reasonable and considered. It will not allow the solicitor to sell
the land, which may damage the property. Therefore, the sale of land to the
buyer under the contract will be considered. There are necessary and
appropriate. It is also beneficial to. I like that the court will order the
petitioner as the preserver of the MP. Yes (2nd meeting, 1998)
Judgment of the Supreme Court
2049/2538.
The defendant did not provide
that the void was declared within the time prescribed by the law. The
defendant's assertion that it has cleared the act to the plaintiff before the
date of transfer to the land dispute. A contract to buy and sell a void at the
land office is an offense that is not a matter that is not already in the
court. Even on the day the defendant will register the transfer of land disputes
to the plaintiff because the defendant's wife objected that the land dispute is
their own half, but the defendant intend to comply. When it was done after the
time when the cause of the void was not without controversy, the defendant made
clear that the defendant has ratified the void, and then implicitly defendant.
The defendant filed a defense of the case by a clear void, but when the
defendant has ratified it, then can not say it.
Judgment of the Supreme Court
8612/2550.
Although the Civil and Commercial
Code, Section 865, paragraph two will give the insurer the right to wash the
void, but the life insurance contract is a two-party act. To clear the void,
the intention must be given to the other party, who is a person who can be
determined by the Civil and Commercial Code, Section 178. When the defendant
wants to clear the void of life insurance, the plaintiff must show the
intention to the three beneficiaries, which is. The other party. Not only show
evidence that they have used the right to say. The intention to commit a person
who is not present is considered effective from the time the intention to the
intent of the plaintiff to the Civil and Commercial Code, Section 169. The
defendant has a letter to clear the void to the plaintiff. All three in Phichit
Province by mail. The intent is to show the person who is distant by distance.
The void is effective from the time the book reaches the plaintiff. From the
date of the defendant, the information to be cleared on August 6, 1997 to the
date of the intention to clear the void, effective on September 7 or September
8, 1997, one month after the date of the defendant. I will clear the void that
karma. The void of the defendant's void did not like. The defendant did not use
the right to declare the life insurance under the Civil and Commercial Code,
Section 865, paragraph two, the defendant is liable for the pledge of life, the
three plaintiffs.
Judgment of the Supreme Court
10258/2558.
Plaintiffs only need to mortgage the land
disputes with the house dispute, signed in the power of not writing to the
mortgage to the defendant to complete the message to sell. The registration is
that the plaintiff sold to the defendant that the plaintiff and A. did not go
to the land office on the day of registration. I do not agree to sell and do
not receive any money for sale. The power of attorney is fake. The transaction
law between the plaintiff and the defendant shall not be deemed to have
occurred, the defendant must return the land dispute and disputes to the plaintiff.
And the court must judge the revocation of this law. Although the plaintiff
signed the power of attorney without filling it. The plaintiff's negligence,
but the defendant was aware of the forgery of the power of attorney. And as a
user of the power of the defendant, the defendant is not a transferor in good
faith, the second defendant intended to trade the property, which is the object
of the transaction is the land and the house with the A. and the defendant
pointed out that. What is the essence of trading. Did not intend to buy land
disputes and disputed house in any way. The defendant 2 entered into an act of
land dispute with the disputed house because of the defendant A. and the
defendant was a fraudulent fraud in the property which is the object of the
act. Significant wrong in what is the substance of the act is void under
Section 156 of the Civil and Commercial Code, the second defendant must return
the land disputes and disputes to the plaintiff and the court must revoke the
registration. Register this law as well. In such cases. Whether the defendant 2
in good faith or not, the defendant has no way of ownership of disputed land
and house disputes. Section 2 that the defendant claimed that the second
defendant was entitled to compensation may be damaged or not, it is a matter of
going. The defendant from the defendant and the defendant is not a reason for
the second defendant to land in disputed and disputed.
Judgment of the Supreme Court
2270/2558.
The plaintiff sued the plaintiff to buy
land from the defendant. When checking the land line, it appears. The house was
built in some other land. It's a mistake in property. The plaintiff has a
written notice of termination of the contract to the defendant and asked the
defendant to refund. But the defendant did not return the money. The plaintiff
has a dispute with the defendant. The plaintiff sued. The fact that. The
disputes the plaintiff purchased from the defendant were located on some
purchased land and partially Set on the land of others. Case that the plaintiff
entered into a land sale agreement with the construction of the wrong. In the
properties of the property. Normally considered as essence. If not important,
the void would not be done. The contract is void under Section 157 of the plaintiff
has the right to declare intention to terminate the contract to the defendant,
the seller and. When the plaintiff to terminate the contract. Defendant is
liable to the plaintiff.
Judgment of the Supreme Court
805/2552.
The principal of the check is the amount
of debt comes from the creditor who is bound to pay the debt to the creditor of
the debtor, and the creditor has paid the debt on behalf of the debtor. Prior
to the date the debtor was ordered by the court to strictly enforce the
bankruptcy. Previous Story of Nonthaburi Provincial Court And the creditor did
not bring such debt to repay the debt to the official receiver. Until the
Nonthaburi Provincial Court orders to approve the pre-bankruptcy of the debtor.
The reorganization obliges all creditors to repay debt. But it is binding on
the old debt of the creditor who has paid the debt instead of the debtors and
consequently the debtors are released from the debt only. But after the debtor
has been released from bankruptcy. The debtor has made a dispute to the
creditor by agreeing to pay the principal amount in the check 22,750,000 baht
that the debtor debt is real and the debtor has not paid back to the debtors.
The debt dispute is a legal act that the debtor made voluntarily. Directly to
the legal relationship with creditors that will use the money back to creditors
and Effective legal compliance. It is not a document to receive debt by bank
check which the debtor gave to the creditor during the debtor is still in
bankruptcy, which acts on the business and property of the debtor to breach.
Bankruptcy Act, 2483, Section 24, which is void. The creditor is entitled to
receive the settlement of the dispute in the amount of Baht 22,750,000.
The agreement on the interest that the
debtor will pay to the creditors at the rate of 15 percent per annum from April
24, 2532 until the payment. It is an agreement to pay interest back to the
creditor to the date the debtor ordered the payment. Granted to the creditors
on April 24, 1989, during which the debtor was in a bankruptcy. The agreement
is considered to be a check payable to the creditor to the creditor. Void to
the interest receivable from the debtor. This interest agreement. It is void as
well, and by the circumstances of the case. The parties intend to provide the
principal amount that the debtor will reimburse to the creditors in the amount
of Baht 22,750,000, complete from the void interest agreement. Civil and
Commercial Code, Section 173. The creditor is entitled to receive interest
payment between the default rate of 7.5 percent per annum of the principal of
22,750,000 baht from August 15, 1999, which is the date of the settlement of
the dispute until the date the Court ordered. The debt of the debtor.
Judgment of the Supreme Court
404/2552.
There are issues that need to
be resolved. The plaintiff sued the right to file a lawsuit. The Central Tax
Court did not make a ruling on this issue and did not like it. The Law on
Establishment of Tax Courts and Procedures for Taxation, BE 2528 (1985),
Section 17 of the Code of Civil Procedure, Section 142, paragraph one of the
Supreme Court, the Tax Department, should be discarded. According to the Act
Establishing the Tax Court and the Judicial Procedure for Taxation, BE 2528
(1985), Section 293 of the Code of Civil Procedure, Section 243 (1)
The plaintiff sued by the
right to request the transfer of rights under the tax card, which the third
defendant made an agreement with the plaintiff. If corruption occurs in the
claim for compensation for taxes and damage to the plaintiff in any case, the
third defendant agrees to plaintiff's liability in all respects without
dispute. The right to bring a lawsuit under the third defendant to the
plaintiff before the transfer of rights under the tax dispute. So it is not
right to exercise your rights in bad faith.
When the third defendant filed
a request for the transfer of rights under the tax card, promised that if
corruption occurs. Reimbursement of tax And damage to the plaintiff in any
case, the third defendant agrees to plaintiff's liability in no way
contradictory. It is an agreement that is not a law, and not an agreement. Page
is the message except the plaintiff is liable for fraud. The seriousness of
their negligence under the Civil and Commercial Code, Section 173 and not
contrary to the peace or morals of the people. Civil and Commercial Code,
Section 150 is enforceable, the third defendant is liable under the contract
provided to the plaintiff. The claim of the plaintiff under the contract is not
age specific, so the age of 10 years under the Civil and Commercial Code,
Section 193/30.
Judgment of the Supreme Court
4541/2550.
The plaintiff sued the
defendant to pay a sum of money according to the four disputed checks, the
plaintiff and the defendant to enter into a compromise agreement. And the
Thonburi Civil Court sentenced the case to the end. The outcome of the
compromise agreement will make the plaintiff's claim to the claim. Both
defendants pay the debt using the four disputed checks to the end. According to
the Civil and Commercial Code, Section 852, the plaintiff has the right to
demand that the defendant to pay debts under the compromise agreement, only the
defendant will not pay the debt under the compromise agreement, the plaintiff
has no right to. Both defendants claim to be liable for the debt of four
disputed checks, so the two defendants have issued four disputed checks to use
the money so it is. The result is bound to the court before the final judgment.
The case is dissolved. Section 7 The right to bring a criminal case against the
plaintiff and the plaintiff will be suspended by the plaintiff. Criminal
Procedure Code Section 39 Even in the compromise agreement, Clause 3 shall
specify as an exception. The compromise agreement has no effect on this
criminal case. However, the agreement is intended to be contrary to the
provisions of the law expressly void in accordance with the Civil and
Commercial Code, Section 150 and the agreement can be separated from the
agreement compromise agreement. In other words. The compromise agreement in
such civil case is void. According to Article 173 of the Civil and Commercial
Code.
Judgment of the Supreme Court
2058/2549.
Plaintiff defendant entered
into a contract to buy and sell land title deeds No. 15658 and agreed to
purchase land dispute, which is adjacent to the land on May 20, 1976. Later, on
December 19, 1978, the defendant registered the transfer of title deed no.
15658 The plaintiff under the contract to buy and sell land, which is repayable
to the plaintiff. It is the debt. Civil and Commercial Code, Section 193/14 (1)
The age of stumble stop. The time before that is not counted in the age and
start counting the age of the new cause since the age of the stumble ceases,
according to Civil and Commercial Section 193/15. Especially the age of 10
years under the Civil and Commercial Code, Section 193/30, and began counting
the new age from December 20, 1978. On October 27, 2530, the defendant made a
letter that received 50,000 baht. The text in the letter indicates that the
defendant also has to transfer ownership of land in the street to the
plaintiffs. It is a letter of credit. Civil and Commercial Code, Section 193/14
(1), causes the interruption age to stop again. The time elapsed is not counted
in age. And starting from the age of 18 October 2530 onwards, which is until
October 22, 1997, the plaintiff sued the case is not more than 10 years, the
plaintiff's case is not terminated.
The void can not be ratified,
and any one of them has the right to void the void. Civil and Commercial Code,
Section 172, paragraph one, the problem that the contract to buy and sell land
dispute is void or not. It is a problem of public peace. The defendant will not
raise this issue, said the Court of First Instance and the Court of Appeal. The
defendant also has the right to raise this issue, said the Supreme Court has
complied. Code of Civil Procedure, Section 249, paragraph two. Even disputed
land is part of the road in the village where the defendant is responsible for
the allocation of land and is in the mortgage to benefit the land allocated in
accordance with the Announcement of the Revolution 286, but the only mortgage.
But the owner of the property must accept certain actions that affect their
property or to refrain from exercising certain rights. The ownership of the
property for the benefit of other real estate. And the proprietor of any
property is prohibited, which will cause the benefits of the reduction or
reduction of convenience. Civil and Commercial Code, Section 1387 and 1389
only, the owner of the property remains the proprietor. There is no law
prohibiting property owners to sell or sell the transfer of ownership in any
way. The defendant as the land dispute is entitled to sell the land dispute.
The contract to buy and sell the land dispute is not void. Defendant must
transfer the land dispute to the plaintiff.
Judgment of the Supreme Court
3072/2547.
While Mr. A. made an
engagement with Ms. Miss, Ms. B. was not yet 17 years old, aged only 15 years,
the engagement violates the provisions. The Civil and Commercial Code, Section
1435, paragraph one, will void under Section 1435, paragraph two. In addition,
Section 172 paragraph two stipulates that if the property must be returned from
the void. The provisions on Lapidary shall apply. When the facts do not appear
that the plaintiff is not 17 years old, the defendant and Ms. BP have to return
the engagement and dowry to the plaintiff under Section 412 and 413, the
plaintiff will be arbitrarily settled under Section 407 not so. The plaintiff,
the defendant, the father and mother of Mr. A. and Ms. B. made a memorandum
after Mr. A. and Ms. Brian quit living as husband. The defendant agreed to
return the dowry and engagement to the plaintiff. It is debt-free and
enforceable. It is against the public order or morality of the people.
Remarks by the resolution of
the 4/2547
Judgment of the Supreme Court
10669/2546.
Land disputes are in the land
reform area and between the defendant filed a request for benefits, so it is
prohibited to the person who received the right by the reform of agricultural
land to divide or transfer the rights to land to others under the Act. Agricultural
land reform, 2518, Section 39. The plaintiff and the defendant entered into a
contract to buy and sell land disputes are expressly prohibited by law. It is
void under the Civil and Commercial Code, Section 150, the contract will buy
and sell the land dispute is void. Will not cause any claim, the plaintiff is
not entitled to a penalty from the defendant, because it is not the result of
breach of contract. But the Civil and Commercial Code, Section 172, paragraph
two, provided that the return of property caused by void. The provisions of the
Code of Appeal of the Code shall apply to the provisions of Section 412 that if
the property is a good fortune. For a certain amount You must return the full
amount. The lower court judges the two do not judge. It is not a judgment
outside the law.
Judgment of the Supreme Court
2425/2545.
The plaintiff sued the
defendant was the signature of the check payable to bank A. dated June 5, 1997
amounting to 691,960 baht to pay the debt to the plaintiff. The claim is based
primarily on the charge that when the check is due. The plaintiff brought the
check to the bill. But the bank refused to pay checks. And there are requests
for the defendant to pay the amount on the check. The lecture is complete. What
is the checkout? What is the debt. And lawful The details are not in the class.
The plaintiff sued not covered. Before the defendant to repay the debt dispute.
Defendants have paid the plaintiff a total of 6 times to repay the mortgage to
redeem 5 times, each debt is not enough to strip off all debts. All outstanding
interest must be deducted before payment. According to the Civil and Commercial
Code, Section 329, paragraph one and the defendant to pay unlawful interest is
to repay arbitrarily. They know that they have no obligation to pay. Defendant
can not claim or return to the defendant's arrears under Section 407, although
the dispute has a debt in the void included. The plaintiff also has the right
to claim the original debt, which is completely separate from the void. Do not
check all disputes are void.
Judgment of the Supreme Court
523/2545.
The transfer of shares has
been signed by the defendant and the plaintiff. It is considered as evidence in
the transfer of shares. When all the shares of the Company are listed and have
not been issued. The transfer of such shares must comply with the Civil and
Commercial Code, Section 1129, paragraph two of the form that if not written
and signed by the transferor with the transferee. There is at least one witness
to sign the handwriting and it is void. When the share transfer agreement
between the plaintiff and the defendant does not sign the witness, the transfer
of such shares is void.
Judgment of the Supreme Court 6759/2544.
The plaintiff and the
defendant entered into a contract to buy and sell land dispute in the year. In 1993, however, the defendant was granted a land allocation
permit by the Land Allocation Board in 1995, so that while
the defendant allocated land in the project to issue to the plaintiff and the
general public. The defendant has not received a permit to allocate land.
Violation of the Announcement of the Revolutionary Commission No. 286, No. 10, Article 35,
but the action of the defendant is a matter for the state to take control of
the defendant or the person who will allocate land to carry out the utilities
to meet the government requirements. The convenience of land buyers only. The
plaintiff and the defendant entered into a contract to buy and sell the land
disputes. And according to the contract to buy and sell the land disputes, it
does not appear that the purpose is explicitly prohibited. By law, it is
impossible or contrary to the public order or good morals. Will make a void in
accordance with the Civil and Commercial Code, Section 150,
the defendant did not act as a scam, the plaintiff must enter into a contract
to buy and sell the land disputes with the defendant. The defendant has not
been granted a land allocation while the plaintiff and the defendant entered
into a contract to buy and sell the land dispute. Although the defendant did
not notify the plaintiff was not aware that it is a scam of the defendant to
make a contract to sell the land dispute is void under the Civil and Commercial
Code, Section 159 contract to buy and sell land disputes
between the plaintiff and the defendant. Lawful
Despite the agreement to buy
land disputes, the plaintiff is scheduled to pay. 20 per
month and the remaining payment on the date the defendant registered the
transfer of ownership to the plaintiff. But the circumstances that the
plaintiff and the defendant treated each other as a grace for each other to
determine the time each other must deal with each other under the contract to
buy and sell the land dispute. It is not a matter for the other parties to
breach the contract as soon as possible. But the plaintiff paid the 16th installment to the defendant then pay the next installment
to the defendant to 20 more until the defendant warned the
plaintiff to pay the remaining within 7 days from the date
of receipt. The plaintiff does not comply. It can be considered that the
plaintiff is a breach of contract. Defendant has the right to terminate the
contract to buy and sell the land dispute and forfeit the plaintiff's payment
to the defendant already under the contract to buy and sell the land dispute.
Judgment of the Supreme Court 2482/2539.
The plaintiff agreed to raise
the dispute to the defendant by the defendant to pay the debt to the plaintiff
as the plaintiff is equivalent to the plaintiff to transfer the land dispute to
another in accordance with the meaning of the Land Code Section 31,
then the agreement is a legal act. The purpose is to be expressly prohibited by
law and will be null and void under the Civil and Commercial Code, Section 113 (Section 150, as amended) and The
agreement between the plaintiff and the defendant void the plaintiff, which is
a stakeholder, shall have the right to remove the null and void as claimed by
the Civil and Commercial Code, Section 172, first
paragraph as amended, the plaintiff sued the case. The right to dishonesty.
Judgment of the Supreme Court 9091/2538.
Dispute land is a certificate
of land (Miss. 3g.) The provisions are not transfer within
10 years under the Land Code Section 31 so
that the defendant plaintiff signed a contract to buy and sell to transfer the
land dispute to the defendant within the deadline. Do not transfer is a legal
act whose purpose is to be expressly prohibited by contract law to buy and sell
is void. Even after signing the contract, there will be an Act Amending the
Land Code (No.2), BE 2521, Section 4, Section 31 of the Land Code. The same
applies to the land in case such a case. So, when the contract to buy will be
void. Mortgage contract to buy and sell the contract can not be enforced
because the mortgage agreement is only for complete debt under the Civil and
Commercial Code, Section 707, including Section 681, so it can not enforce the contract of purchase, sale and
mortgage contracts. When the purchase agreement is void It must be enforced by
the Civil and Commercial Code, Section 172, paragraph two,
that is, in return of property caused by void action, the provisions of the
aphids shall apply to force the defendant to return the land dispute to the
plaintiff and receive payment of land disputes brought to the plaintiff. Placed
at the office. Although the plaintiff's claim for redemption is a lawsuit
without any capital, but when the defendant warrants that it has entered into a
contract to buy and sell the plaintiff's land dispute. And the plaintiff to give
up the custody of the defendant, then argued custody. The Court of First
Instance determines whether the plaintiff has the right to redeem the mortgage
land disputes. That's the whole point. Plaintiff's defendant has entered into a
contract to buy or not to sell the defendant's statement. The lawsuit has no
capital, so it becomes a lawsuit.
Judgment of the Supreme Court
8429/2538.
This case, even if the
defendant plaintiff did not dispute the verdict in respect of the revocation of
the land sale contract and the list of land disputes between the defendant
plaintiff. But the plaintiff still appealed the dispute, the Court of First
Instance on the issue of the case of damages and interest thereafter. Can not
make the case to the story. This is not the case. The plaintiff will file a
request to the Court of First Instance to issue a statement that the verdict is
the end, then find it. The defendant's action is to deceive the plaintiff's
consent to transfer the land to the defendant. As a scam to the plaintiff, the
land sale agreement between the plaintiff and the defendant is a void. When the
plaintiff sued to be revoked, the plaintiff has been told to clear the void.
The land sale agreement between the plaintiff and the defendant was void from
the outset. The result is that the parties return to their original position.
According to the Civil and Commercial Code, Section 138, at the end of the
defendant, the defendant must transfer the land back to the plaintiff and the
plaintiff is required to return the land plots received from the defendant to
the defendant and the return of property caused by void. That's a lot of money.
There is no law that requires a refund. And this case, the defendant did not
file a charge or request the plaintiff to pay back the land plus interest. The
court can not judge the plaintiff to pay interest in the amount of land that
the plaintiff must return to the defendant. According to the plaintiff's
plaintiff's case, the plaintiff sued for the revocation of the lawsuit caused
by the defendant's scam. Not enforce the defendant to pay the debt or exercise
the right to terminate the contract to the plaintiff is entitled to another
part of the Civil and Commercial Code, Section 213, the last paragraph and
Section 391 paragraph when the fact that the act is void. And the plaintiff has
already cleared. It can be voided early. It does not have the same effect on
the original. And the contractor back to the original Civil and Commercial Code
138. The original provisions of this provision is to receive compensation for
damages, but only if the return to their original position. The plaintiff has
no right to claim damages from the defendant.
Judgment of the Supreme Court
6450/2537.
The bankruptcy of the
defendant, 3, effective from the date the court ordered the custody of the
defendant. Bankruptcy Act, 1940, Section 62. When the court ordered the
defendant of the third defendant, the sole agent has the authority to deal with
the property of the third defendant to collect and receive money or property that
will fall to the defendant. 3 or which the third defendant will receive from
others. Compromise or prosecute or fight any lawsuit regarding the property of
the defendant under Section 3 of the Act, Section 22, when the third defendant
must be sentenced to be bankrupt. The property of the third defendant falls
under the jurisdiction of the official receiver in accordance with the
provisions of the plaintiff, which has the right to dispute the land dispute
with the third defendant, but by the means provided in. Bankruptcy Act, 1940,
Section 122 and if the plaintiff was damaged. Because the official receiver not
accept the rights of the contract. The plaintiff is entitled to claim for
damages.
The plaintiff did not follow.
Bankruptcy Act, 1940, Section 122. Both the plaintiff is not a creditor who
filed a request for payment in the case that the third defendant must be
sentenced to bankruptcy. The plaintiff returned to the defendant to the third
defendant after the court ruled that the third defendant is a bankrupt and has
not survived the bankruptcy by the third defendant has no power to deal with
their own property or business at that time. The land dispute is transferred to
the second defendant, which is a third party and if the land dispute is the
third defendant, it is the authority of the official receiver to revoke the
transfer of land disputes to return to the property division of the third
defendant under the Act. Bankruptcy in 1940, the plaintiff is not a stakeholder
in the land dispute to lift the void of void. 1. The transfer of disputed land
to the defendant while the two defendants, one was sentenced to bankruptcy. The
plaintiff has no power to sue.
Judgment of the Supreme Court
3072/2536.
When the court ruled that any
person is a bankrupt, as long as there is no order to cancel the bankruptcy.
The person has no power to do anything about his property. Except for the order
or approval of the court, the receiver, the asset manager or the creditor
meeting. Section 24, if the breach of the law is void. The term
"stakeholders" under the Civil and Commercial Code, Section 133,
formerly (Section 172 new) means those who will benefit or lose benefits. If
the law says that the void is invalid or not. When the plaintiff sued the four
defendants expelled from the land dispute, claiming that the plaintiff's father
bought the four disputed land. Bankruptcy Subsequently, the four plaintiffs
died. Disputed land is an inheritance to the four plaintiffs. And the defendant
to fight that the plaintiff's father bought the land dispute from MPs, while MP
is bankrupt. Act of void the four plaintiffs have no power to sue the
defendant. The defendant is the beneficiary of the land dispute between the
parties. With the father of four plaintiffs void, the defendant would like to
raise the waste of voidable claims.
Judgment of the Supreme Court
179/2536.
The debtors do not know that
any way to the creditors disadvantage. Legal acts are not invalid because the
Civil and Commercial Code, Section 237 only. Creditors prefer to request the
court to withdraw only.
Judgment of the Supreme Court
779/2535.
August 1 land sales contract
is not made in writing and registered with the competent authority is void.
According to the Civil and Commercial Code, Section 456, but the seller has delivered
the land to the buyer, then the buyer has the right to occupy the land. Land
purchase agreement is void. The buyer can not be cited as the cause of the
breach of the contract from the seller.
Judgment of the Supreme Court
137/2535.
The defendant sold the
dispute, which is a land pledge to the plaintiff without a written contract and
registered with the competent. Void under the Civil and Commercial Code,
Section 456, paragraph one, but the plaintiff had possession of the dispute after
the purchase of the defendant. The plaintiff was entitled to possession of the
transfer under Section 1377,1378 to be made in accordance with the act of the
defendant, but the defendant did not have the legal act in which the plaintiff
sued the plaintiff to enforce the plaintiff to file a dispute.
Judgment of the Supreme Court
5683/2534.
When the petitioner's petition
was described, that appeared in Miss. 3 that the land had the name of the
defendant. Because the land is in the land reform. The law requires land owners
can not own up to 50 rai each. The petitioner agrees to put the defendant in
place of the petitioner. The agreement is a violation of the law would be null
and void under Section 113 of the agreement. The land is therefore the
defendant's name in Miss. 3, the court likes to consider the petition. The
decision of the petitioner can not be made before the inquiry.
Judgment of the Supreme Court
1131/2533.
The defendant purchased the
land dispute, which is Miss. 3 of the plaintiff, without making a written and
registered with the competent official will void by. Civil and Commercial Code,
Section 456, first paragraph and 115, but it is completely legal basis as
otherwise provided by Section 136. If the plaintiff has given possession of the
land dispute to the defendant, which was done under Section 1378, according to
the circumstances assumed that the parties intentionally. To complete a
transfer of possession with compensation. There is no law that requires a book
to show. The court hears witnesses in lieu of witnesses. Code of Civil
Procedure Section 94
Judgment of the Supreme Court
3520/2532.
Dispute land is a government
issued a certificate to the plaintiff under the mass of land law, Section 58
bis prohibited transfer within 10 years is a land that the state has not given
the custody to the plaintiff. There is no custody. Civil and Commercial Code or
the Land Code. Therefore, the plaintiff may not transfer the custody. Civil and
Commercial Code, Section 1377 or Section 1378 The plaintiff sold and handed
over the land dispute to the plaintiff's father within the time limit transfer.
Later, the plaintiff's father had to sell and give possession to the defendant
to take possession of the food to be transferred to the defendant after the
transfer of the period has not passed. The defendant can not take care of the
fight against the plaintiff.
Judgment of the Supreme Court
1175/2532.
The right to deny the void of
the heirs of the incompetent or the person who has made a deliberate act of
war. Section 137 of the Civil and Commercial Code shall be applicable only if
the incompetent person or the person who has committed the intentional act of
war has died without having been told to wash the void before death. So when
the plaintiff's father is still alive, even when doing the legal act of
insanity. The plaintiff is only a successor. The plaintiff is not a heir to
have the right to clear the void.
Judgment of the Supreme Court
4987/2531.
The plaintiff gave the
employee of the agricultural cooperative, the defendant brought the plaintiff's
land to register the pledge of the plaintiff's loan to recover from the
defendant, but the plaintiff returned to the plaintiff's land to register the
mortgage lender, it is wrong for the plaintiff. The mortgage of the land because
it occurs because the plaintiff is wrong in the essence of the act is void
under the Civil and Commercial Code, Section 119.
Judgment of the Supreme Court
3431/2531.
The plaintiff loan the
defendant by the lease of the building and the request for transfer of lease
rights to defend the defendant as a guarantee. There is an agreement that if
the plaintiff breached the contract, the defendant transferred the right to
lease the building immediately after the plaintiff breached the contract. The
defendant transferred the lease as a defendant. When the plaintiff's defendant
did not agree to the rental price of the dispute, which is the property that
the defendant accepted the debt as repayment of the loan at the market price of
the property at the time of transfer of the lease. Contrary to the message as
provided in the Civil and Commercial Code, Section 656, paragraph two and void
under paragraph three. The transfer of the leasehold rights of the disputed
buildings to the defendant is void and is contrary to the public order of the
Court of Appeal will cause the legal act to invalidate the deed.
Judgment of the Supreme Court
344/2531.
Adoption by a spouse without
the consent of the other spouse is incomplete, does not create the relationship
and the legal rights as the adopter and the adopted child in any way. The
plaintiff sued to withdraw the registration of the defendant was adopted by the
defendant without the consent of the plaintiff, the spouse. The lawsuit was
filed to show that the status of the defendant and the change did not change
because of the adoption of such incomplete adoption. Yes, it is a claim to
revoke the adopted status with the adopted child. The case is not subject to
the provisions on age, according to the Civil and Commercial Code, Section 163
and Section 164, and when there is no provision of law that the plaintiff may
prosecute such a case. The plaintiff has a right to sue the lawsuit.
Judgment of the Supreme Court
1570/2530.
The petitioner filed a
petition. And the name of the district, but the local registry can not do.
Singer likes to continue to follow. Act of Title 2505 is not the case to
exercise the right to court.
Judgment of the Supreme Court
965/2530.
The act is void, it is
considered that no legal action is not required to revoke the law. The lower
court judges to revoke the law and registration of ownership transfer. It means
only to force the delisting of registered items that are caused by the act of
nullity.
Judgment of the Supreme Court
3485/2529.
Before the exchange of car.
The defendant has checked the evidence of the car has asked. Vehicle
identification number in the auto body matches the car registrations. And the
photo on the ID card that the applicant brought to the show is the same as the
applicant who claims that the owner of the car does not appear that the car
registration is suspected of fraud. There is no reason to suspect that the
applicant is not a car owner. Even the defendant will not check the evidence to
register the police department. It can not be considered that the defendant
made the exchange of cars by serious negligence. Do not forbid in order to
remove the imperfection or invalidate it to their advantage. The defendant has
the right to free car disputes or automobile dispute. To exercise their right
in good faith The defendant is not liable for such sequestration.
Judgment of the Supreme Court
3484/2529.
Before making an act of car
exchange, the defendant checked the evidence of the car with the applicant than
the number of the car in the body of the car corresponding to the car
registration and photos on the ID card that the applicant presented to the
applicant. The owner of the car does not appear to be registered as a fake or
there is a reasonable suspicion that the applicant is not a car owner, even if
the defendant does not examine the evidence. The registration of the Police
Division does not hold that the defendant made the act of exchanging cars by
mistake with gross negligence, not forbidden in order to remove the
imperfection or invalidate that use to benefit. The defendant shall have the
right to freeze a car dispute or a disputed automobile license is in good
faith, the defendant shall not be liable for such attachment.
Judgment of the Supreme Court
2409/2526.
The plaintiff signed a land sale
agreement with two plots to the defendant, the substance that the plaintiff
seller will grant a permit to build a transport station of the transport
company. Limited and will grant a license to a road linking with the Asian
Highway along the front of the land if the seller can not license and transfer
the name to the buyer under such transaction by February 28, 2521. Seller
agrees to adjust. Take ownership of the land under the contract to the buyer
without the buyer paying the remainder. When it comes to the construction of
the bus terminal, the fact is that the bus station is under construction. The
transport company can not issue a construction permit. In this case, the
penalty for the object is not possible. The license for the construction of
roads from the land connected to the Asian Highway. Get permission to build a
bus station. But even if the plaintiff has to grant a permit to the first
defendant has passed away, then the defendant has not yet constructed a bus
station. The plaintiff will be the plaintiff to obtain a license to the
defendant at the time specified in the contract. The plaintiff will pay the
debt in this case is impossible because of circumstances that occurred after
the debt. And the plaintiff is not responsible. The plaintiff was released from
the payment of the defendant, the defendant has no right to adjust the
plaintiff and the two defendants must jointly pay the land price lawsuit. The
liability of the defendant is repayment under the Civil and Commercial Code,
Section 369. The plaintiff has not transferred the land under the contract of
sale to the defendant. It does not appear that the plaintiff has requested
repayment in this regard. So it is considered that the defendant is not. The
defendant is not liable to pay interest. When the defendant settled the unpaid
land. The Supreme Court shall adjudicate to the plaintiff to transfer the land
under the contract of sale that has not yet been transferred because it is
repayment under the contract of remuneration (cited in Supreme Court judgment
2430/2516).
Judgment of the Supreme Court
3880/2525.
Land transfer is the transfer
of property. Owners have the power to sell. Rights of the defendant with the
land claim that the defendant has the opportunity to buy land that the
defendant rented before the other contractor does not bind the land if the
landlord has a contract with the defendant would like to say it. The sale of
land between the plaintiff and the landowner is not the case where the object
is expressly prohibited by law. Or to obstruct the public order or morality of
the people in any way. The law is not invalid.
Judgment of the Supreme Court
2377/2523.
Owning a newspaper, the owner
must have the qualifications required by law. And must ask permission to the
printing official by law. Violation of the printing act may result in criminal
penalties. It is a must do. The agent is the owner of the newspaper instead of
the search. The contract that the plaintiff set the defendant to hold a license
to own newspapers instead of the body is a legal act that is prohibited by law.
And to obstruct the public order is a void of karma. The court can not enforce
the defendant to comply with the plaintiff's request.
Judgment of the Supreme Court
2619/2522.
The investigator ordered the
release of the accused temporarily by the amount of money the insurer is liable
for compensation when the insurance contract exceeds the amount of checks.
Violation of the Act on offenses arising from the use of checks, 2497 Section 5
(2), is only an act that exceeds the authority of the investigating officer. To
enforce the guarantor only as authorized by the law is that the amount of the
check does not make the contract contains objects that are expressly prohibited
by law to make the act void.
Judgment of the Supreme Court
1530/2520.
The contract has a message.
Plaintiff's defendant agreed to sell the house with all the buildings. The
buyer paid the price to the seller in accordance with the agreed amount already
signed on the contract signing date is important as follows: The contract is a
complete purchase agreement. There is no text to show that it is only a
contract to buy and sell, which the parties will have to continue. When not
registered with the competent official. It is void in accordance with the Civil
and Commercial Code, Section 456, the plaintiff will claim a null and void as a
lawsuit.
Judgment of the Supreme Court 963/2519.
The plaintiff's father married
the defendant while still a lawful husband of the plaintiff's mother. Even
later, the plaintiff's parents will be divorced, the marriage between the
father, the plaintiff and the defendant will void. The plaintiff, who is a
stakeholder, will claim it. And the nullity can not ratify it. The divorce
between the plaintiff's parents later did not affect the marriage between the
plaintiff's father and the defendant. Which was invalidated before.
Judgment of the Supreme Court 958/2519.
Defendant to pay damages to
the plaintiff with the intention not to plaintiff's criminal proceedings
against the defendant's child in the plaintiff's death. The plaintiff agreed
with the purpose of the agreement is to suspend the criminal case. Contrary to
public order under the Civil and Commercial Code, Section 113
of the contract is invalid.
Judgment of the Supreme Court 934/2518.
The affirmation of merit by
virtue of moral good or in association. The husband does without the wife's
consent. Civil and Commercial Code, Section 1473, the
person who has been given the right to have a relationship or lawfulness. The
defendant is not legally entitled to the exclusion under this section. It is
not a void or a void, but only acts that do not like the wife to withdraw. The
second testament to the testament is that the first testament to raising property
for all spouses has the following effect on the property given to the wife. The
little wife received half of her husband's land. Civil and Commercial Code
Section 1361,1477 male to buy land to pay less wife. The
land is the property between the man and the wife. It is not between the man
and the wife.
Judgment of the Supreme Court 2610/2517.
Defendant hires plaintiff to
investigate the scene. Collection of details and evidence about the land of the
defendant has been compromised and the plaintiff employed the complaint or
complaint. By allowing the wages to be charged. The contract is a contract of
employment, and the contract is not a way for the plaintiffs to file a
complaint or grievance on several counts in hopes of getting more wages on
those charges. Because of how many complaints will be filed or how many cases
will defend the will of the defendant. Will the employer sign the complaint on
any charges? The plaintiff determined the wage to the defendant before. The
contract is not a contract to promote the defendant as a person. No obstruction
to public order or good morals.
Judgment of the Supreme Court 3405/2516.
Defendant 1
is the husband of Mrs. B. bought the land dispute in this case, while the
defendant is a husband and wife with her husband when the defendant is not a
contract between the defendant and her husband made. Before the marriage will
show that the land dispute is a private property of the defendant to show that
it must be assumed that the land dispute is a sin between the defendant 1 and Mrs. B. When the land passed. The true division of
community property of the defendant, one out of her home. It is also heir to
the estate crash. The plaintiff is the heirs and the heirs of the testament of
Mrs. B. is suing the defendant to share the estate of Mrs. B., which has land
dispute included. It is considered that the plaintiff is a stakeholder in the
land disputes. When the defendant took the land dispute to the second defendant
while disputing the inheritance with the plaintiff by the intention to deceive
the acquaintance with the defendant, the two void of this action, the plaintiff
is. The interest will be claimed under the Civil and Commercial Code, Section 133, with the request to withdraw the null and void.
Judgment of the Supreme Court 2624/2516.
The parties to the criminal
case, whether it is an offense or not. A compromise can be reached with regard
to civil damages, which may be legitimate. The law prohibits only a compromise
agreement to suspend or abolish non-criminal offenses. The compromise agreement
that the defendant made to the plaintiff because the defendant invaded the
plaintiff's house at night and indecent indictment, the plaintiff has a message
that the defendant is willing to pay the plaintiff to a plaintiff within a
certain amount of time, if not to allow the prosecution. Go there It is a
contract of compromise to pay damages to the plaintiff in civil. There is no
claim for the suspension of criminal prosecution, which is prohibited by law.
It is completely usable. Compromise Agreement The law does not require the
parties to sign both parties. Although the defendant alone is responsible for
the plaintiff is a compromise agreement.
Judgment of the Supreme Court 1879/2514.
The plaintiff sued the ground
that the second defendant had an alien husband to buy land of the plaintiff to
violate the land law. Request that the court judge that the sale of land titles
null and void as a result of retrial of the plaintiff's land claims that the
defendant 2 has no ground to be claimed under the law.
The plaintiff sued the court
for that. The land title deed is null and void. And the plaintiff was paid
according to the amount of the dispute. The petition of the plaintiff also
asked the plaintiff to return to the land dispute as the same. The case is a
claim to return the base.
The lawsuit against the return
of the base is not good. The plaintiff must file a claim within one year from
the date the plaintiff recognized the right to restore. Or within ten years
from the date of the nullity of the right to restore it.
The plaintiff sued the
plaintiff to the defendant to the land and the defendant to sell the land to
the second defendant, whose husband is an alien. Ask the court to declare that
the contract is void. The defendant will file a lawsuit asking the court to
show that the ownership of the land. The defendant's original one was not
because it was not a plaintiff's counterclaim. But the defendant together.
Judgment of the Supreme Court 619/2514.
The woman has a husband to
guarantee the debts of other people, it is considered to be bound to the
obligations as prescribed in the Civil and Commercial Code, Section 38. If done without the husband's consent, the contract is void.
When the husband said that the contract is void, not binding. In such a case,
it does not make any promise that the woman has a husband to do it. The woman
is still liable for personal debt. To use the personal property of the woman.
When it is not enough or does not appear that the woman has a personal property.
The creditor shall request the court to separate the part of the woman in
accordance with Section 1483 to execute the judgment. The
plaintiff can not seize the annuity before the split (9-10 / 2514
conference)
Judgment of the Supreme Court 648/2513.
Defendant agrees to make a
loan and agrees to do so in court, resulting in the transfer of the property of
one defendant to another from the forced repayment to the plaintiff, the
creditor, according to the judgment, the plaintiff did not. May the property of
the defendant to pay the debt. It is illegal to commit fraudulent offenses. The
plaintiff will damage the property. The offense is as follows. According to the
Civil and Commercial Code, Section 422 presumed that the
defendant was wrong to have committed a violation of the plaintiff. Will be
liable for compensation to the plaintiff.
Judgment of the defendant as
the defendant. It is between the two defendants are not bound by the plaintiff.
To work together Act between the defendant is void. The plaintiff does not need
to sue for revocation.
(First
meeting, 3/2512 and 5/2512)
Judgment of the Supreme Court 1008/2512.
In the contract construction
contract is the duty of the direct contractor to take care of their own
interests, so it is necessary to consider themselves. The employer is a person
with reasonable evidence that the contractor with the contract or not. The contractor
does not perform such duties, it is negligence and risk of their own, so even
if others will inform the contractor is not true. The employer is a rich man
with a good status, it is not considered that the fraudulent deception of the
plaintiff. The contract is not void.
Judgment of the Supreme Court 366/2508.
When the contract is void It
was not written and registered with the competent official money that the
seller received under the contract is a goodbye. The buyer must file a lawsuit.
Or within ten years from the time that the right was held.