Section 149
Act means any act done by law and with the consent of the applicant. Directly
to the legal relationship between the person to change, transfer, reserve or
suspend the right.
Judgment of the Supreme Court 13070/2558.
The plaintiff filed a lawsuit
to the defendant issued a letter of credit. The
resolution of the counterclaim was paid according to the amount that is correct. The
plaintiff agrees to pay the overdue central expenses. When
the plaintiff settled the debt in accordance with the Court of Appeal 1, then the debt is suspended. The
plaintiff has the right to demand that the defendant issue a letter of credit
as well. The plaintiff wishes to bring this book to the land
official to request registration of the transfer of the apartment. The
defendant issued a letter of guarantee, thus giving rise to the plaintiffs to
transfer the apartment. It is the sole act of the defendant under Section 149 of the Civil and Commercial Code. If the
condition of the debt does not open the channel. The
court would like to order the judgment on behalf of the intent of the Civil and
Commercial Code, Section 213, paragraph two.
Section 150. Any
purpose is expressly prohibited by law, is impossible or contrary to public
order or good morals. That's a void.
Judgment of the Supreme Court 2120/2559.
The plaintiff and the
defendant agreed to lease land while within the period of legal transfer
prohibited. According to the nature of the contract, the right to
demand that the defendant register the transfer of ownership of land and lose
the right to possession of land, contrary to the intent of the law requires
that the land use rights to the land and housing. career
And the circumstances of the plaintiff and the defendant before the contract to
apply for registration of land transfer, but can not be done because of the
transfer agreement. It is a legal act that is intended to transfer the land. Although
the conditions for registration of the transfer of ownership when the payment
of the full payment of the lease after the period of legal transfer. It is
a deliberate circumvention of the statutory prohibitions of transfer. Is a
legal act that is prohibited by law void under Section 150
of the plaintiff can not raise the law as a void as an excuse to force the
defendant to transfer the land to the plaintiff.
Section 151. What act
is the difference with the provisions of the law. If it
is not law relating to public order or morality. That's
not a void.
Section 152. Any
failure to comply with the law. That's a void.
Section 153. Any
failure to comply with the provisions of the law on the ability of persons. That
is void.
Judgment of the Supreme Court 8304/2559.
For mortgage registration on
March 9, 2006, on March 9, 2006, the second defendant borrowed
money from the dissenter to repay the mortgaged mortgage of the land under a
petition to the bank and on the same day the defendant pledged land to mortgage. The
objections in the three months before the request to the defendant bankruptcy. But
the second defendant entered a mortgage agreement with the objections. The
savings cooperative is to take the money from the mortgage to the dissenter to
pay the debt to the bank A. who is the land mortgage. When
the second defendant received money from the objection, then the second
defendant took the money to pay the mortgage and redeemed the mortgage from the
bank and then mortgage the land that the mortgage to the applicant immediately. The
case is only a replacement mortgage financial institutions such as this, the
land mortgage between the two defendants and the opposition on March 9, 2006 is only a mortgage agreement
derived from the original mortgage agreement. It can
not be regarded as an act intended to any one creditors advantageous creditors
under the Bankruptcy Act, BE 2483, Section 115
can not revoke the registration of mortgage. The
second defendant registered the mortgage and mortgage land on the petitioner on
July 19, 2007, May 16,
2008, June 2, 2009
and December 16, 2009, after the date
of the defendant's second court. Security Guard When the court ordered the
defendant of the second defendant, the sole receivership has the authority to
manage the business and property of the defendant. Second,
the defendant does not do any of their property or business operations under
the Act. Bankruptcy, 1940, Section 22 and Section 24, so the registration of
the mortgage and mortgage of land that the defendant committed on the day is
clearly prohibited by law. Illegally It is void under Section 150
Judgment of the Supreme Court 8265/2559.
Acting for legal purposes is
prohibited by law or contrary to the morals or good of the people, which is
under the Civil and Commercial Code, Section 150. Both
parties must know or have the purpose. that Fire insurance contract
The claimant is not aware that the insured goods are infringing or infringing
on the trademark, which is illegal. Representatives of the singer just take a
picture of the product in the showcase only. The
objections have never been made to the fact that such property is illegal and
the petitioner has never known or acknowledged that the insured product was
illegal. When it does not appear that the singer details the watch
brand. The
price or source of the watch that the objections to the seller will see that
the petitioner is intending to cover the wrist watch products that the
objections are for sale in general. For the fact that the wrist watch may be
illegal or not, the person does not know. Fire insurance contracts in
stock watches are made to protect the property of the opposition in the event
of a fire or additional disaster. When the objections are owned and occupied
by wrist watches for sale. If the watch is damaged by fire or a
specified hazard. The objection to the loss of property or the benefit of the
property. The opposition is a stakeholder in the insurance. Insurance
between the petitioner and the objection has the purpose of being prohibited by
law or contrary to public order or good morals. As not
covered by Section 150, the petitioner and the
petitioner are bound by the terms of the agreement and the liability of the
fully-enforceable
fire.
Judgment of the Supreme Court 15668/2558.
The defendant empowered the
plaintiff to bid for a job and contracted to build a school building with the
Department of Education and the plaintiff's three construction of the three
plaintiffs are investors and paid the defendant. If the
plaintiff's lack of funds and the defendant paid advance payments. The
plaintiffs will return the interest. The defendant became the representative of
the three plaintiffs in the contract of construction with the Department of
Education. The defendant is still liable under the construction
contract with the Department of Education. But the plaintiffs and the
three defendants must invest and construction. And
the defendant is also liable under the contract is a joint agreement to engage
in business. Is a reciprocal contract When the contract has no purpose,
it is expressly prohibited by law. It is impossible or contrary to the peace
or morals of the people under Section 150 of the contract
is governed by Section 149 and 369 of
the Civil and Commercial Code, although the plaintiffs claim that the defendant. representative
But when the agreement between the plaintiff and the defendant, the plaintiff
sued the plaintiffs agreed to work together to receive benefits. It is
the plaintiff's understanding of the law that the contract is a representative
contract. The court shall have the power to enforce the provisions of
the contract of compensation to the case under Section 134
Civil Code Section 134 is not judged over or except in the
plea that is prohibited under Civil Code Section 142
Judgment of the Supreme Court 13070/2558.
The plaintiff filed a lawsuit
to the defendant issued a letter of credit. The
resolution of the counterclaim was paid according to the amount that is correct. The
plaintiff agrees to pay the overdue central expenses. When
the plaintiff settled the debt in accordance with the Court of Appeal 1, then the debt is suspended. The
plaintiff has the right to demand that the defendant issue a letter of credit
as well. The plaintiff wishes to bring this book to the land official
to request registration of the transfer of the apartment. The
defendant issued a letter of guarantee, thus giving rise to the plaintiffs to
transfer the apartment. It is the sole act of the defendant under Section 149 of the Civil and Commercial Code. If the
condition of the debt does not open the channel. The
court would like to order the judgment on behalf of the intent of the Civil and
Commercial Code, Section 213, paragraph two.
Judgment of the Supreme Court 6010/2557.
Plaintiff purchased the Chiang
Mai Tower from the auction of the enforcement. When
to register the transfer of ownership. Must have a letter of credit
from the defendant to the land office in accordance with the Condominium Act,
Section 29, paragraph two, which if no certificate of debt
relief from the defendant to the plaintiff may not. To
proceed to register the transfer of the apartment to the plaintiff. As
such, the defendant must issue a letter of guarantee to the plaintiff. It is
considered that any defendant must do to have the effect of changing,
transferring or suspending the right to register the right in the apartment. Acting
as a single act under Section 149, when the defendant
refused to issue a certificate of debt relief and the plaintiff sued the court
to order the defendant to issue a letter of guarantee to the plaintiff. If the
defendant ignored the action. So it is preferable that the court will
order to hold the verdict on behalf of the defendant's intent as requested by
the plaintiff under Section 213
Judgment of the Supreme Court 20056/ 2556.
The plaintiff sued. Defendant
as a guarantor willing to self-unconditional commitment to the kind of
delinquency, as well as the first-class debtor to pay the claim of the
plaintiff, the employer in case of damage caused by the employer. Or pay
any fine or expense, or the contractor does not fulfill any obligations
specified in the contract. The defendant will not claim any arguments
and the plaintiff does not need to call the contractor to pay the debt first,
so if the claim. The guarantee under the letter of guarantee is not binding
on one creditor to pay the debt when the debtor does not pay. But it
is a guarantee that the defendant is bound to make payments to the plaintiff in
a strict manner as the debtor at the first call on condition that no reason can
be cited between the plaintiff and the defendant to remove the liability. And
the liability of the defendant in this case is not dependent on the liability
of the defendant jointly. The rights and obligations of the
plaintiff and the defendant in the dispute in this case is independent and must
be considered separately from the contract of construction. The
effect of the enforcement of this contract will affect the rights and duties of
the defendant and the defendant in accordance with the request to issue a
letter of guarantee disputes. Or affect the rights and obligations of
the plaintiff and the defendant under the construction contract. It
must be different.
Judgment of the Supreme Court 8711/2554.
The rules of registration of
rights and juristic acts of transferring the ownership of a condominium are
governed by law without exception. Therefore, it would apply to the case of
registration of transfer of ownership of apartments due to the auction under
the court order. Not applicable only if the owner of the unit is the
applicant to transfer the ownership of the apartment. Costs
incurred even though the co-owners who own the unit are obliged to pay
jointly. Condominium Act, BE 2522 Section 18 of the Law does not prohibit any person to pay such debt in
lieu of the owner of the apartment. The condition of the condominium is used
for the common housing of many people. Laws and regulations of
condominium juristic persons are the requirements of the rights and duties of
the residents for the common good. Co-owners are responsible for
central expenses and fines in accordance with laws and regulations, as long as
they are not contrary to law. The plaintiff, the buyer of the suite,
must accept both the rights and obligations of the original co-owner. And it
must be considered that the penalty resulting from the default of payment of
such central expenses is part of the central expenses that the plaintiff is
responsible for.
Judgment of the Supreme Court 8304/2559.
For mortgage registration on
March 9, 2006, on March 9, 2006, the second defendant borrowed
money from the dissenter to repay the mortgaged mortgage of the land under a
petition to the bank and on the same day the defendant pledged land to mortgage. The
objections in the three months before the request to the defendant bankruptcy. But
the second defendant entered a mortgage agreement with the objections. The
savings cooperative is to take the money from the mortgage to the dissenter to
pay the debt to the bank A. who is the land mortgage. When
the second defendant received money from the objection, then the second
defendant took the money to pay the mortgage and redeemed the mortgage from the
bank and then mortgage the land that the mortgage to the applicant immediately. The
case is only a replacement mortgage financial institutions such as this, the
land mortgage between the two defendants and the opposition on March 9, 2006 is only a mortgage agreement
derived from the original mortgage agreement. It can
not be regarded as an act intended to any one creditors advantageous creditors
under the Bankruptcy Act, BE 2483, Section 115
can not revoke the registration of mortgage. The
second defendant registered the mortgage and mortgage land on the petitioner on
July 19, 2007, May 16,
2008, June 2, 2009
and December 16, 2009, after the date
of the defendant's second court. Security Guard When the court ordered the
defendant of the second defendant, the sole receivership has the authority to
manage the business and property of the defendant. Second,
the defendant does not do any of their property or business operations under
the Act. Bankruptcy, 1940, Section 22 and Section 24, so the registration of
the mortgage and mortgage of land that the defendant committed on the day is
clearly prohibited by law. Illegally It is void under Section 150
Judgment of the Supreme Court 8265/2559.
Acting for legal purposes is
prohibited by law or contrary to the morals or good of the people, which is
under the Civil and Commercial Code, Section 150. Both
parties must know or have the purpose. that Fire insurance contract
The claimant is not aware that the insured goods are infringing or infringing
on the trademark, which is illegal. Representatives of the singer just take a
picture of the product in the showcase only. The
objections have never been made to the fact that such property is illegal and
the petitioner has never known or acknowledged that the insured product was
illegal. When it does not appear that the singer details the watch
brand. The
price or source of the watch that the objections to the seller will see that
the petitioner is intending to cover the wrist watch products that the
objections are for sale in general. For the fact that the wrist watch may be
illegal or not, the person does not know. Fire insurance contracts in
stock watches are made to protect the property of the opposition in the event
of a fire or additional disaster. When the objections are owned and occupied
by wrist watches for sale. If the watch is damaged by fire or a
specified hazard. The objection to the loss of property or the benefit of the
property. The opposition is a stakeholder in the insurance. Insurance
between the petitioner and the objection has the purpose of being prohibited by
law or contrary to public order or good morals. As not
covered by Section 150, the petitioner and the petitioner
are bound by the terms of the agreement and the liability of the fully-enforceable
fire.
Judgment of the Supreme Court 5264/2559.
According to Section 303, the first paragraph states that "the
right to demand that you transfer it. Except for the condition of the right
itself will not open the channel to transfer it. "When
the right to claim the debt transferred to the same as the right to claim the
debt in accordance with the judgment of the Civil Court. Case
number red d. 509/2545 that
the person who is entitled to enforce the judgment must be a partner or a
person who wins the case under Section 272 of the Civil
Code Section 271, the second debtor, which must be joined
with the debtor. 1 and the debt repayment under
the said judgment to the Industrial Finance Corporation of Thailand The former
plaintiff and the external creditor. Is not a person or a person to win a case
as provided in Section 271 Civil Code and not in the
position to request enforcement of the judgment. There
is no provision of law that grants rights to debtors 2 and
creditors who are not the party or the person who wins the case into the
creditor under the aforementioned judgment on behalf of the plaintiff. The
Emergency Decree on Asset Management Company BE 2541, the
Emergency Decree on Thai Asset Management Corporation BE 2544 (2001),
granted to financial institutions or asset management companies or Thai Asset
Management Corporation According to the judgment of the plaintiff, the
defendant has no right to claim the debt. The debtor 2
and the creditor according to Section 303 first paragraph. In
addition, the legal relationship between the debtor 1 and
the second debt in the debt is based on the fact that the debtor 2
contract debt. Loan agreement between the debtor 1
and the Industrial Finance Corporation of Thailand former plaintiff. The
misconduct of the debtors. The second debtor has paid the money to T.Thailand
Plc. The
plaintiff in the Civil Court of Thailand, the former plaintiff in the civil
case is the remuneration for the transfer of claim is 3,000,000
baht. To
transfer the claim in the debtor's debt to the second debtor, the second
debtor, who is entitled to claim to the debtor, the guarantor. The
pledge of the mortgage and other debts, according to the judgment of the sole. It
results in the rights and liabilities of the debt falling to the same person as
the second debt and the debt is suspended for the second debt under the Civil
and Commercial Code, Section 295, paragraph two. , 353, which resulted in the second debtor to pay the amount of
the debt repayment under the aforementioned repayment of the debtor, which is a
first class debtors under Section 693 only.
Debtors 2 and T.Thanklang have entered into a debt
transfer agreement under the said judgment. By
agreeing to the second debtor is entitled to claim the debtor, one other
guarantor and mortgage pledge to repay the debt in full in total. $ 71,728,342.42
instead. It is legal acts that are traded. The
purpose is to contradict public order and morals. Section
150 of the Civil and Commercial Code. The
creditor is not in the position as the transferee of the right to claim under
the judgment as stated by the law. Therefore, there is no right to apply for
debt repayment according to the judgment of the Property Division of the debtor.
Judgment of the Supreme Court 4727/2559.
The plaintiff agreed to
contract by the amount of up to 400,000 baht
to the defendant because it is confident that the first and second defendants,
who are high ranking military officials, can lobby or assist Mr. A. Military
service as a recruiting assistant. It is not a straightforward way to go
through the channels or processes, as in the case of regular general
examination. The money is provided to pay or to take the applicant to
take the exam and take the exam as the plaintiff does not. The
circumstances indicate that the plaintiff to pay a large number of defendants,
it is intended that the defendants 1 and 2 to
bring the money to the competent officials involved in the examination. To
motivate any action that does not like the duty. To
facilitate Mr. A. has entered the service. Or the
plaintiff would expect that the defendants 1 and 2 would have to bring the money to the competent authority to
commit the wrong. The support to the corrupt officials and misconduct in the
government to promote the patronage system. At the
same time, it completely destroyed the moral system. Cause
serious damage to the government. Deposit Agreement Between the plaintiff
and the defendant is a legal act that is intended to be contrary to public
order or good morals. Void under Section 150, and even under
the contract of work will specify that "the contractor (the
defendant) agrees that the money paid by the plaintiff (plaintiff) under
Clause 4 is not the money the contractee. To
bring to the authorities to induce any action that does not like the duty to
allow Mr. A. to serve as a recruiting assistant. "It may
be the purpose of neglecting peaceful purposes. Public
morality or not.
Judgment of the Supreme Court 2120/2559.
The plaintiff and the
defendant agreed to lease land while within the period of legal transfer
prohibited. According to the nature of the contract, the right to
demand that the defendant register the transfer of ownership of land and lose
the right to possession of land, contrary to the intent of the law requires
that the land use rights to the land and housing. career
And the circumstances of the plaintiff and the defendant before the contract to
apply for registration of land transfer, but can not be done because of the
transfer agreement. It is a legal act that is intended to transfer the land. Although
the conditions for registration of the transfer of ownership when the payment
of the full payment of the lease after the period of legal transfer. It is
a deliberate circumvention of the statutory prohibitions of transfer. Is a
legal act that is prohibited by law void under Section 150
of the plaintiff can not raise the law as a void as an excuse to force the
defendant to transfer the land to the plaintiff.
Judgment of the Supreme Court 438/2559.
Section 303 stipulates
that the claim that you will be able to transfer it. The
condition of the right will not open the channel to transfer it. Although
the law gives the creditor the right to transfer the claim against the debtor
to the transferee. It does not stipulate that the transfer of claims shall be
remunerated and that the transferee must be a financial institution or asset
management company and must be a vested interest in the amount of the debt
transferred. But the law has an exception. If the
condition of the claim itself is not open to the transfer or individual rights
or the law does not transfer, then it can not be done in accordance with the
provisions of the said section. The claim that the plaintiff transferred
from the Asset Management Company is a claim by the bank to the Company,
including the claim that the bank filed a lawsuit against the Company to the
Court of Intellectual Property. The case is under consideration by the
court. In
addition, the plaintiff purchased the impaired assets, this case has a debt of
approximately 312 million baht, purchased only 30 million baht, which is much lower than the debt. Therefore,
the transfer of claims between the plaintiff and the asset management company. The
transfer of the right to claim the same, usually under the Civil and Commercial
Code, Section 303, paragraph one, but the transaction in
the litigation of the two cases to the company. The
plaintiff is not an asset management company. Asset
Management Company, 1998, or a juristic person who has the
power to make a contract to transfer the right to claim in debt or non-performing
assets to be managed or sold to transfer. The transfer of the claim of
the plaintiff is contrary to the public order or moral good of the people are
void under Section 150
Judgment of the Supreme Court 120/2559.
According to the sales
contract of the land registered with the competent official stated that the
defendant sold only land not related to the building number 252,
which must be translated as excluding the home without the house number. Therefore,
the sale of land only. The plaintiff is claiming that the plaintiff and the
defendant agreed to sell the land with two houses is 252
house with no home number 1, but the competent official
said that registered the sale of two houses can not because it must be priced. only
the sale of land The plaintiff and the defendant has entered into two
additional house purchase agreements as agreed in the trading agreement. The
sale contract is a type of contract must have the provisions of the trade as
well, the Civil and Commercial Code, Section 456 paragraph
one stipulates that the sale of real estate must be made in writing and
registered with the competent. Otherwise void When the sale of both
houses is not registered with the competent authority, it is void. In
addition, the land sale agreement. And contracts Doing the same thing clearly
shows that the parties wish to avoid the fee. It is
an act that is contrary to public order and good morals. So it
is void in accordance with Section 150, so the plaintiff
can not claim that the two houses are the ownership of the plaintiff by the
merger. The
plaintiff has no ownership in the two houses.
The parties did not agree to
sell the house number 252 with the house is still owned by
the defendant without falling into the land. And the
case is not required by Section 1310 because this case is
not the defendant planted house number 252 in the land of
the plaintiff. Even after the sale of the defendant will be added to the
house after it. When the plaintiff does not wish the defendant to stay in
the land of the plaintiff anymore. The defendant had to dismantle the house
after the plaintiff's land.
The house has no numbers. At the
contract of sale land without house number at home is still under construction. The
plaintiff allowed the defendant to build the house in the land sold by the
plaintiff did not prohibit. The defendant, the builder, will
understand that he has the right to build up until the completion of the
contract by the sale that he has the right to redeem the land within the
contract. No house number of the defendant's house is built in the
property of others in good faith. But when the sale agreement, the defendant
does not redeem within the deadline. Land that is sold to the plaintiff is
strictly prohibited. There are no laws to apply directly. The
law is very close to the Civil and Commercial Code, Section 4,
paragraph two of the Civil and Commercial Code, Section 1310,
paragraph one, the plaintiff is the owner of the land. But
the cost of land is only increased because the building to the defendant. And
the plaintiff let the defendant to build a house in the plaintiff's land
without restraint, the plaintiff's negligence in the building of the
defendant's house. The plaintiff can not refuse to accept it. And
the land value added to the defendant.
Judgment of the Supreme Court 14595/2558.
Type 12
Mortgage Chapter 5 Rights and obligations of the
transferee of mortgage assets. Section 736 to
Section 743 provides a guarantee of the rights and
obligations of the transferee mortgaged property will show that the mortgagor
shall have the right to transfer the property. Mortgage
to another person as the mortgage holder of the property under the mortgage
under Section 705 mortgagee has the right to sell the
property. The under Section 1336 and Section 702, Paragraph two of this case do not have the registration of
the transfer of the disputed land from. To the official. And
the mortgagee filed a mortgage and mortgage registration to the case can not be
adjusted to the Civil and Commercial Code, Section 722,
which is to remove the right to register. If the mortgage is damaged,
the damage. It is a matter that the mortgagee must go to the mortgagor
to continue. The mortgagor has the right to dedicate the land disputes
to the government when the government has devoted the land disputes to the
government to build a child development center. Department
of Community Development Later transferred rights and duties to the defendant. Dispute
land is the public domain of the property for the benefit of the land,
especially since the date of the intention to give the Civil Section 1304 (3) without the need to register the transfer
to the competent official. Section 525. The
devotion of the land disputes to the government so lawful.
Dispute land is a public
domain of the Civil and Commercial Code, Section 1305 that
the property of the public domain will be transferred to each other. Except
for the power of specific laws or ordinances, so the auction of land only land
disputes. It is the sale of property that is expressly prohibited by
law, thus void under Section 150 of the Commercial Bank. The
buyer of the property by the auction. It is not protected and not ownership of
the land disputes and no transfer of land disputes to the plaintiff. The
plaintiff is not entitled to the same. Even the plaintiff will buy
the land later disputed in good faith. And compensation. Because
the transferee is no better than the transfer.
Judgment of the Supreme Court 13566/2558.
Defendant 1
is united or is the same person as the church as the holder of the land and the
dispute building, which is the church and land where the churches of the church
are located. When the defendant has shown intention to dedicate land and
buildings to the public domain. For citizens sharing It is the property of
the land to be sold to transfer can not. Unless there is a law giving
authority or a decree. Therefore, the defendant to sell to the plaintiff is void,
even if the plaintiff will have the ownership of the land and the dispute by
the outcome of the Supreme Court ruling, it did not work. The
plaintiff is not the owner of the land and the dispute, so the plaintiff will
take the Supreme Court to force the evictions of four hundred and thirty-two
petitioners out of the land and the dispute, the defendant is not the landlord
because the land and Disputes are the public domain of the four hundred and
thirty two occupiers, who are entitled to use them. The
four hundred and thirty-two
singers can express their special power. The four hundred thirty-two
petitioners are not the defendant's family. The
Supreme Court has no binding four hundred thirty-two
petitioners.
Judgment of the Supreme Court 13416/2558.
The contract has a mind. If the
contract term ends. Prohibited defendants work in any position or assist any
other company in Thailand as a competitor. The watch is a two-year
watchman's watch manufacturer. The deal is only a restriction on
occupational competition with the plaintiff. It is
not prohibited to engage in occupations that are closed to the defendant's
defense, and the defendant is able to work or work in the company engaged in
the business of selling other goods or services beyond the agreement. The
area is prohibited only in Thailand. The nature of such an agreement is not to
cut the occupation of the defendant. But it is forbidden to engage in certain
occupations which are only competitions with the plaintiff for a period of time. It is
a reciprocal agreement that protects the rights and benefits of the parties in
the conduct of business. Do not close the way to do any of the parties can not exist. It is
not against the peace or good morals of the people are not invalid.
The agreement to prohibit the defendant from
working after the termination of his employment as an employee of the plaintiff
is an agreement to limit the defendant's rights. It
must be interpreted in strict terms. When the terms of the employment agreement
prohibiting the defendant from entering into employment or assisting any other
company, the competitor of the plaintiff is prohibited only to companies that
produce watches. The defendant resigned from being an employee of the
plaintiff and then went to work with the company that operates the production
line watch for export. Yes, the company that manufactures the housing, as the
contract does not prohibit it. The work of the defendant against the
company is not a breach of contract.
Judgment of the Supreme Court 12851/2558.
When a bankruptcy company is a
bankrupt. The Official Receiver shall have the power and duty to
collect and dispose of the assets of such company in accordance with the method
prescribed in Chapter 4 on the property management method
of the debtor. Bankruptcy Act, 1940, Section 123 provides the power to the official receiver to sell the
property collected in the most convenient and effective way, provided that the
sale by any means other than the auction. Approved by the creditor. The
fact that the Official Receiver is selling the claim of the company
incorporated by other means, according to the resolution of the meeting of
creditors, is to act as provided for by law. The
transfer of claims under the lease agreement is binding on the plaintiff, the
bidder to buy the right to claim from the sale of the official receiver and the
defendant, the lease and the guarantor, the debtor of the claim.
Judgment of the Supreme Court 12620/2558.
The Labor Protection Act, BE 2541 (1998), Section 10,
paragraph two, stipulates that in the case of an employer calling or receiving
a guarantee to compensate the employee for damages. When
the employer terminates Or employee resigned Or the end of life insurance
contract, the employer shall return the collateral to the employee. Means
that the employer must return the collateral to the employee. The
employer will be entitled to deduct any non-working
compensation from the employer.
Even the plaintiffs allow the
defendant to deduct the pledge of the plaintiff's work to pay the plaintiff's
personal accident insurance. The defendant did not have to return the
collateral to the plaintiff, not the debt to the defendant against work. The
Labor Protection Act, BE 2541 (1998),
Section 10, paragraph two, is a law relating to public
order. Agreement
is void. Not applicable When the defendant terminates the plaintiff,
the plaintiff has to repay the plaintiff's work in full.
Judgment of the Supreme Court 5789/2558.
The Court of First Instance
has a civil judgment in another phrase to split the ownership of the land
disputes by agreeing to divide before. If agreed not to bid between
the bidder to the high bidder to all. If the auction is not between the auction
site and then sold the money. The meeting agreed that the auctioneer
must pay 5% of the auction price within 15 days from the auction date. If the
remaining money is not placed, the confiscated payment officer. The
money is divided between the holder of the title, the bidder has no right to
receive money in this section. The auction agreement is the intention of
the jointly agreed owner of the legal act to make the auction of property with
a smooth ownership. It is not contrary to public order or morality. The
liability of the bidder is not paid first. There are no specific
provisions of the law. The law is similar to that of the provisions in the Civil
and Commercial Code Book 1, Section 4,
Section 3, auction without provisions for the fighters are
liable for the money to put the first. This is only Section 516 when the plaintiff sued the plaintiff to enforce the
defendant liable for the money required to place the first block in accordance
with the auction. No force. The defendant failed to sue for the lack
of funds when the auction was repeated again in accordance with Section 516 of the plaintiff sued the case is not enforceable. Defendant
must not be liable to the plaintiff sued.
Judgment of the Supreme Court 3736/2558.
The plaintiff and the
defendant 1 by the defendant, the two defendants to act on
behalf of the defendant agreed to buy and sell 3 plots of
land, including buildings and other assets as specified in the contract at a
total price of 56,000,000
baht, the defendant is 1. The
fee for the transfer of ownership of the property. Under
the contract to buy and sell land lot 1 and 3
stated that the plaintiff and the defendant agreed to register the
transfer of land ownership as land valuation of the land office Phra Pradaeng
district is the criterion. The fact that the plaintiff and defendant 1 filed the application for registration of rights and juristic
acts in Article 5 (3),
stating that the sale of land only exclude buildings that do not match the fact
that the defendant testified that if the plaintiff wanted to register the
transfer. Buildings The plaintiff is responsible for the additional
fee of approximately 1,000,000 baht. The action of the plaintiff and the two defendants agreed
in accordance with the contract in Article 3 indicates
that the fee and the tax for the transfer of ownership of land and buildings. Trading
Such agreement is intended to be expressly prohibited by law and contrary to
public order of the Civil and Commercial Code, Section 150,
as well as agreements on the purchase of land, including buildings and other
assets under Clause 1 Even if it is done by law. However,
when the agreement in Article 3 is no longer enforceable,
it is impossible to transfer the ownership of such property. The
agreement in Article 1 is also void in accordance with
such provisions. The plaintiff or the defendant both have no right and duty
to each other, so it can not force the other party to comply with the contract
or claim damages. Both defendants must pay a deposit of 5,600,000 baht to the plaintiff, which is not
the case arising from the termination of the contract. The
defendants are not liable with interest.
Judgment of the Supreme Court 2208/2558.
Use of claims or lawsuits
regarding guarantees. The Civil and Commercial Code has no specific age, so it
must be 10 years of age under Section 193/30. Claims
under the Guarantee Agreement must be made within 15 days
from the end of the contract. The text can be considered as an age
agreement under Section 193/11,
contrary to the law relating to public order. Void
under Section 150
Judgment of the Supreme Court 17923/2557.
Even if the contract is 1, the contract will indicate that the lease. But
when considering the essence of the content. Yes,
it is the plaintiffs both want to occupy the land to use or benefit in the land
for a specified period. And the plaintiff has given money to the defendant for the
purpose of the Civil and Commercial Code, Section 537 is
not true. The purpose of the contract focuses on the transfer of
ownership or ownership of land from the defendant to the Civil and Commercial
Code, Section 453 is a contract. The
contract is not a contract, not a contract.
Both plaintiffs are aliens. The
purchase of land so that the legal entity established under Thai law is
entitled to land in lieu of the two plaintiffs. A
juristic person holds the right to land only in name. Indeed,
both plaintiffs are still occupiers of land, to avoid the exclusion of alien
land. The
contract is therefore expressly prohibited by Section 86
of the Land Act. Such provision is a law relating to peace. The
contract is void under Section 150
Judgment of the Supreme Court 15533/2557.
It is commonly known that
corporate governance, whether public or private. Selecting
a person to move, or to consider merit, will require virtue. And to
follow the rules. To get good people to do that is beneficial to the
organization. Society and Nation The National Police Agency is an
important government agency. It has the duty to prevent and suppress
the crime. Healing for the people. It is
also the first stage of the judicial process or the cornerstone of the justice
process that must be brought to justice in the society. If the
police department has a misbehaving police In fact, it is not the only one. According
to the memorandum between the plaintiff and the defendant. No
text at all, the plaintiff asked the defendant to make the plaintiff's
authority to understand the correct. Back to the defendant to speak to the
supervisor or adult in the country known about advancement in the position of
the plaintiff fully. By contract, the responsible person receives the highest
position. And if the plaintiff asked for help. The
defendant must provide convenience and assistance to the plaintiff has a higher
position, regardless of the law. Rules and procedures of the government. Memorandum
of the agreement is contrary to public order or good morals are void, can not
be enforceable under Section 150
Judgment of the Supreme Court 5625/2557.
Lottery sales are subject to
the provisions of the law prohibiting and imposing penalties on those who offer
or sell the lottery over the price specified in the lottery to two versions of
the Gambling Act BE 2478 Section 9 bis. Penalties
under Section 9 ter shall be liable to imprisonment for a
term not exceeding one month. Or fine not exceeding one thousand baht In
accordance with the Government Lottery Office Act, BE 2517 (1974),
Section 39 shall be liable to a fine not exceeding two
thousand Baht. The defendant entered into a lottery contract with the
plaintiff. The plaintiff agreed to sell the lottery to the defendant
at a price of 90 baht or 45 baht
per share, but the price in the lottery is only 80 baht
per copy or 40 baht per lot. It is
the purpose of the law to prohibit the two. And it
is void under Section 150, even if the voluntary trading
lottery prices higher than the lottery. Because there are problems
with the system of distribution of the lottery and enforcement of the law
prohibiting the sale of lottery tickets over. The
sale is over-priced. It is
an exception to make the sale of the lottery over the price is not prohibited
by the provisions of the law.
Judgment of the Supreme Court 566/2056.
A divorce agreement may be
filed at the time of the divorce. The registrar can save it or not. There
is no provision requiring that the sharing agreement be made in the presence of
registrar or must be in writing. To hear that there is an agreement to
share the Sin Somros. It must be considered by both witnesses and the
circumstances of each case. The circumstances of the plaintiff and the
defendant each possession of each separate transaction. And
have the obligation to pay debts on the property that he held after the divorce
until the time the plaintiff sued for nearly five years, although no evidence
of a settlement agreement while divorce registration, but the plaintiff and the
defendant agreed to share the property. The two sins, including debt
to the defendant. The plaintiff and the defendant agreed to share the Sin
Somros. As a
result, each party has the property and debt obligations to pay debts that are
more common than the other party, which is different from the Civil and
Commercial Code, Section 1533 and Section 1535,
but not a provision on peace. The morality of the people under Section 151 of the agreement will be effective and not void.
Judgment of the Supreme Court 4912/2554.
The plaintiff and the
defendant agreed to hire a contract and guarantee without violating the power
of the owner of the leased property. Even the plaintiff who is the leasing
party will not be the owner of the leased property, which is different from the
provisions of Section 572 of the Civil and Commercial Code
No. 5, hire-purchase
that only property owners will be the lease. However,
this case is unique by the owner of the property, the consent does not
constitute a violation of public order and morals of the people and Section 572 is not a law relating to public order and morals. Although
the lease agreement is different from the provisions of the law, Section 572, but it is a lease agreement that the non-owner
lease with the consent of the owner of the property to take out the lease, so
not void, binding the parties.
Judgement of the Supreme Court
5690/2552.
The defendant registered the
plaintiff's divorce for the purpose of taxation, but still living. And
dependent care as well as divorce is not the intention to deceive with the
equation between knowledge of the divorce would be null and void. According to the
Civil and Commercial Code, Section 155 complaint, the plaintiff claims that the
divorce is invalid and requests made by division into a. Thus for the
management of Sinsomrns with which the defendant has the right to request as
long as the plaintiff. As far as the plaintiff and the defendant still has a
husband and wife as well live. This is not the case and claims that must be
done within the time prescribed by law under the Civil and Commercial Code,
Section 193 / 9.
Judgement of the Supreme Court
4686/2552.
When a contract of sale of
land to act camouflage act of borrowing money is a legal act. The void under
the Civil and Commercial Code, Section 155, paragraph one of the defendant
forced the plaintiff to ask for both payment of sale price of land etc. Loan
can not But enforcement of the act of borrowing money that was camouflage in
accordance with the Civil and Commercial Code, Section 155, paragraph two,
holding only that a contract of sale of land is evidence that the plaintiff two
loans from the defendant and plaintiff both donated plot of land their. take
the defendant as collateral for a loan only for land sale between the plaintiff
and the defendant both at the void like to be absent from the court sentenced
the defendant to withdraw waste continues to hold title deed of the plaintiff.
Both the plaintiff until the two will settle the loan and interest to the
defendant required.
Judgement of the Supreme Court
805/2552.
Check the amount of capital in
debt by creditors who are bound to be paid. Debt to creditors of the debtor and
creditor payments to the debtor instead. Prior to the date that the debtor is a
court ordered receivership in bankruptcy matters before the final of the
Nonthaburi Provincial Court. And not the creditors to obtain such debt repayment
to Official receivership. Until the Nonthaburi Provincial Court order approving
the compromise with the debtor prior to bankruptcy. The compromise that bind
all creditors on debt repayment, which may request it to be binding on the
lender's existing debt repayment instead of the debtor and the result.
Releasing the debtor from debts only But after the bankruptcy and debtor
relief. Debtors to creditors a letter disputing the debt settlement agreement
allows the principal amount of 22,750,000 baht check that the debtor actually
owe creditors and debtors do not pay back its creditors, disputing the book
that act by the debtor is made voluntarily. Aimed directly binding on creditors
Relations Law to reimburse the creditors and Force each other as valid under
the law. Document is not received by bank check liability Thor The accounts
payable given to creditors during the debtor remains in state down Which
dissolved the act relating to the business and assets of the debtor violation.
Bankruptcy Act BE 2483, Section 24, which is not void. Creditor is entitled to
receive payment under a letter disputing the principal 22,750,000 THB
The agreement with the debtor
to pay interest to creditors 15 percent per year from the date of April 24,
2532 until full payment is made. Agreement back to the interest payable to the
accounts payable on checks. Presented to creditors on April 24, 2532, which is
in the debtor is in bankruptcy. The agreement holds out a check payable to the
debtor to the creditor is given a null value called the interest receivable.
Agreement in the interest of this Therefore void as well, and the circumstances
of the case. The parties intended to give the principal debtor will return to
the creditors of 22,750,000 baht completely separate from an agreement on
interest is void under the Civil and Commercial Code, Section 173, creditors
are entitled to receive interest during the late percent 7.5 22,750,000 baht
per annum of the principal from the date of August 15, 2542 which is the due
date until the date the letter disputing the District Court ordered protection.
Absolute property of the debtor.
Judgement of the Supreme Court
1131/2532.
Editing is not bad and still
be considered a true scam under the Civil and Commercial Code, Section 124, it
still must be in circumstances that the parties should have the duty to tell
the truth. Or an expression still contains circumstance which struck the other
party. If a project through land Eedtnn to sell or not to buy, not the duties
of the text to tell the truth. If it is the duty of the disputed land must be
earned themselves seek out the truth even to listen to the facts that will buy
still lose deliberately. Editing is not really about the project Eedtnn through
the land. The sales person will not know before. If the parties are still free
not buy. Promised land, it will not make it up. The actions of the purchase is
not the scam under the Civil and Commercial Code, Section 124 even though the
defendant who has terminated the sale agreement to buy and sell on the
plaintiff, a buyer And has notified the plaintiff refund. And the plaintiff did
not accept the return. But when the plaintiff is not a fault contract The
plaintiff has a legitimate reason not to accept the refund at the time. And it
turns out that the defendant is at fault committed by the plaintiff not to
terminate the agreement if the defendant is to return the deposit to the
plaintiff. Defendant was required to pay interest with From the date of filing
of its kind on the defendant in default. Disputed issues in the Appeals and
revision is requested to comply with the purchase and sale agreement by asking
the defendant forced the plaintiff to transfer the disputed land. And paying
the agreed price of land traded to the plaintiff's case is a capital cost of
land under dispute.
Judgement of the Supreme Court
1871/2549.
Asst. The defendant to act.
The memorandum of agreement on ownership. (Compensation) is a message that the
defendant pay compensation to pass. Amount of 1,600,000 baht and through.
Registration of ownership to the defendant of 2000, but the defendant did not
provide for compensation of the past. It through. Registration includes
transfer to the defendant without any compensation. Agreement, but the trick is
not to father a child to hold the plaintiff to know that through. Memorandum of
agreement. The land acts as a camouflage to the defendant to act give
The act is intended to
camouflage the act another. The first act is a memorandum of agreement on
ownership. (Compensation), the right of the intention to deceive by collusive
between the parties. Such acts shall be null and void. According to the Civil
and Commercial Code, Section 155, first paragraph, the act is to camouflage the
contract to enforce the provisions of the law is secret According to the Civil
and Commercial Code, Section 155, paragraph two of the past.Registration of
ownership agreement. (Compensation), which aims to transfer the property as
well as to act. Would hold that the registration of the ownership agreement is
a written and registered for the act of camouflage by Acts to raise the land to
pass. The defendant can not be null and void.
Judgement of the Supreme Court
530/2546.
The same defendant is the
owner of the land and house disputes mortgaged to banks a. And the defendant
owe the plaintiff a number of loans to banks a. Dyong the defendant to pay the
mortgage debt. Defendant has agreed to sell land and house contract dispute to
the plaintiff. Then the plaintiff to the mortgage banking Thor The debt
repayment agreement instead of the plaintiff to the defendant on the plaintiff
to pay complete transfer of land and houses, so disputing the defendant
returned home sales contract and land disputes between the plaintiff and the
defendant made with actual intent. But the conditions for transfer back the
agreement is enforceable Trading houses and the land is not the intention to
deceive. But when the defendant did not have debt repayment instead of the
plaintiff. And the plaintiff, the owner does not wish to cast the defendant in
the disputed land and home again. The plaintiff shall have the right to sue the
defendant and the family drove away from the disputed land and houses.
Judgement of the Supreme Court
1156/2545.
While the second defendant to
register the sale of land from the defendant, a defendant does not know that
two acts of land between the plaintiff and the defendant. 1 2 is intended to
deceive the defendant is a third party who acts in good faith and be damaged by
the fraudulent intent. The plaintiff has not set up a defense on the intention
to deceive the defendant. 2 according to the Civil and Commercial Code, Section
155, paragraph one of the plaintiff it can not revoke the act of sale. Once the
sale is valid under the law, a defendant is not transferred to the redemption
of the defendant, the defendant, 3 2 3: Defendant sold to the four acts of the
defendant and the transaction is not revoked as well.
Judgement of the Supreme Court
2711/2544.
Defendant intended the
plaintiff to a contract of sale of land disputes do not intend to be bound by
an agreement to sell land to set aside disputes that an agreement to sell the
land, thus the intention to deceive by collusive void between the plaintiff and
defendant under the Civil and Commercial Code, Section 155, paragraph. The
contract of sale is a camouflage to the sales contract was void as well.
Because it is not registered with the competent official under Section 155 and
Section 152 paragraph two, when the contracts are void and will be made. The
plaintiff accused is returned to the same case as to enforce the provisions on
Lapamicyrnadg. The plaintiff must be refunded to the defendant. Defendant to
the plaintiff to return the land dispute.
Judgement of the Supreme Court
165/2544.
Land dispute is the
plaintiff's original two plaintiffs named by the two ownership. Both the
plaintiff and the mortgage loan to the bank to land disputes. But the plaintiff
is unable to pay debts at 2, so the land transfer dispute Enter the first and
second defendants to prevent enforcement of mortgage bank and defendants 1 and
2 are mortgaged as collateral for bank loans on the other. Later, the plaintiff
sued two defendants asked the court to force the first and second registered
mortgage and redeem the land ownership dispute to the plaintiff both Between
the defendants 1 and 2 listed redeem the mortgage and then transferred to the
defendant to 3 to 5, this is the intention to deceive the equation is known,
between the plaintiff, both defendants 1 and 2, the void, but will move up to.
a defense to third parties who act in good faith and to damage of the intention
to deceive is not under the Civil and Commercial Code, Section 155, paragraph
one, so the burden of proof then falls to the plaintiff, both of which will
have to attest to the bad faith of the defendant. 3 to 5, which is a third
party.
Judgement of the Supreme Court
6886/2542.
Tsu purpose of the insurance
contract between the plaintiff and the defendant would go to the purpose.
Insurance car hire the plaintiff as the duration of the lease. More important
than the start date of the policy in a letter printed in the policy. Although
the lease start date of the contract start date of the policy after a period of
9 days, it is time to overlap slightly. The date of the insurance contract
interpretation that would be a real focus of intention. More than words and
expressions of the parties or the letters from the Civil and Commercial Code,
Section 171, this case must be construed as an insurance contract between the
plaintiff and the defendant had made at the first plaintiff as the hire car
that the plaintiff assured the defendant. Tsu d interpretation of this is also
consistent with the principles of contract interpretation in cases of doubt.
The Civil and Commercial Code, Section 11 will be interpreted in a way that you
are the plaintiff, a party that is to pay the debt is a case holding that the
plaintiff assured the stakeholders in the event that insurance while contract
insurance with the defendant. Insurance contract between the plaintiff and the
defendant has committed both parties. When not appear subsidiaries.The lease
was intended to show the benefits under the policy. The plaintiff insured
remains stakeholders and are entitled to compensation under the policy from the
defendant when the casualty insurer in accordance with the contract. The
plaintiff shall have the power to take legal action claims the defendants.
Although the policy specifies that an insurance policy in force at the end of
the insured vehicle was transferred to another person. Since the plaintiff's
contract rights under the lease transferred to Wed Plaintiff's wife, because
cards are required for the car using a shortcut through the Air Force only. But
after the transfer of rights to purchase such. The plaintiff is still a vehicle
occupant and the insurance is paid following the purchase all along that the
plaintiff Wed His wife, the plaintiff does not intend to transfer the right to
hire after all. The transfer is a fraudulent intent to obtain a card for the
car using a shortcut through the Air Force only. Transfer of rights to purchase
such waste is void from the beginning to the Civil and Commercial Code, Section
155, paragraph one of the plaintiff still has status The lease is a true all
the time and still have the right to claim under the insurance policy is the
same. And even if to hear that the plaintiff was transferred to the leasing
rights. But leasing is not transferred ownership of the car hire to other
persons as specified in the policy. Assignee lease still has the right to claim
under the insurance policy. Then the policy is not effective to the end.
Judgement of the Supreme Court
3763/2542.
Circumstance that a defendant
agreed to allow automobile sales contract dispute to the plaintiff for the
plaintiff to the S. Purchase more then one. As a way to do business with one of
the defendants 1 and the plaintiff never treat each other several times, so
even if the plaintiff is aware that the defendant, a non-car owners dispute as
a contract vehicle that the defendant first had to be bound by the agreement.
that was the intention to come out, it is claimed that the intention to deceive
the plaintiff knows the equation to trick or deceive others astray can not
Because the seller is not required when the property owner contracts.
Judgement of the Supreme Court
4074/2541.
Both defendants loan and
mortgage loan insurance with the plaintiff and the defendant, 2 deposit with
the plaintiff for the purpose. In order to give the plaintiff acted as brokers
and agents in. Trading 2 for the defendant, using promissory notes. As
collateral for the trading of these securities. Camouflage is not the act or
acts done with intent to deceive mortgage loan agreement and promised land and
buildings as security is as valid under the law. Both the defendant is liable
under the mortgage loan and the contract.
Judgement of the Supreme Court
1201/2541.
OK, done before the policy.
The plaintiff and the defendant have agreed that the plaintiff accept insurance
premiums of 30 percent and total compensation to the defendant itself from the
date of June 8, 2536 until December 30, 2536, but according to policy. Assigned
to the defendant to pay all premiums and compensation to the plaintiff is a
lifetime contract. Of the intention to make such an insurance policy. It is the
intention to deceive. The plaintiff and the defendant collusive made to trick
people that the defendant is insured. And the plaintiff as compensation to
third parties. The policy is void. According to the Civil and Commercial Code,
Section 155, paragraph one of the accused, the parties have raised up against
the plaintiff. When the defendant has paid premiums to the plaintiff and 30
percent called the plaintiff has no right to sue the rest of the premium from
defendant.
Judgement of the Supreme Court
5830/2540.
Case under the Civil and
Commercial Code, Section 154 is a matter between the parties themselves.
Creditor who is chairman of the debtor and the mortgaged property as security
guarantees debts of the debtor. Later, taking a letter to creditors recourse.
And waiver of subrogation those creditors over debtors every rank given to the
debtor company. As the Bank of Thailand to make the business of the debtor and
creditors that the debtor has money to buy land owned by private creditors and
the creditor to the debtor's management will continue. Even if an intent to
deceive with receivables equations do know the books that matter. But when the
Bank of Thailand and other creditors, a third party is made in good faith and
intent to damage, but the trick is to believe that the creditor has forfeited
the real Creditors are forbidden to raise an invalid as a defense to this.
According to the Civil and Commercial Code, Section 155, first paragraph, as
creditors are unable to obtain payment such as Bankruptcy Act BE 2483, Section
94.
Judgement of the Supreme Court
4224/2540.
The plaintiff, as owner of the
land and buildings to sue for the court to revoke the act of registration of
ownership of land and buildings that disputes between the plaintiff and the
defendant, a 2, and the defendant, one of two defendants to three and let Redemption
of mortgage of the four defendants to the ownership in land and buildings back
to the plaintiff as it was It is considered that the plaintiff in the lawsuit
known as a property owner take property back from the track have no right to
rely on the Civil and Commercial Code Section 1336 which has no age limit, and
not a property called base Lapamicyrnadg night. Does not terminate the
plaintiff sued.
The plaintiff's ownership of
disputed land with buildings for 1 to 2 for the defendant to the defendant that
a land dispute with the two buildings is mortgage loan insurance, instead of
the plaintiff. When successful, it will transfer the land dispute with the
building back the plaintiff. Considered that the transfer of land disputes
created by the intention to deceive.
The three defendants had sued
the plaintiff in this case drove out of the land and building disputes. The
Court has a final ruling that the three defendants with purchasing the land
dispute that the defendant knew that the first two but have owned a
representative plaintiff. Judgement of the said case is binding on the
plaintiff and defendant in this case, a third party in the lawsuit. Code of
Civil Procedure Section 145.
4, the mortgagee when the
defendant is a person who acts in good faith outside the four defendants are
protected by the Civil and Commercial Code, Section 155 the Court of First
Instance sentenced the defendant to four co-transfer of land disputes with the
building back the plaintiff is not like
Judgement of the Supreme Court
2976/2548.
The plaintiff the defendant
made an agreement to buy land and filed an application for registration of land
and official. Defendant was able to witness to the fact that the successor has
a loan agreement together. Not prohibited by the Code of Civil Procedure,
Section 94 paragraph two, because it would attest that the contract is the act
secret To enforce the actual contract is a contract loan.
Judgement of the Supreme Court
6255/2546.
Describe the plaintiff sued
claiming that the plaintiff contracted to sell land to the defendant by a
contract would do next. However, the two defendants to deceive the plaintiff
contracted mortgage The plaintiff did not receive money under the mortgage and
mortgage do not intend to act. Asked to withdraw the contract mortgage Both the
defendant and that the mortgage agreement is done by faith and love. No The
party aside by it. There is no issue in dispute that the agreement acts as a
mortgage or camouflage. The problem is that the mortgage contract or act
camouflage. Not a problem concerning the public peace. The lower court
addressed two issues that act as camouflage in the mortgage contract decision.
This decision is out of action unthinkable Privacy statement prohibited by the
Civil Code, Section 142, paragraph one
Plaintiff intends to act
without the intent to sell land to act over land to the defendant to two
contracts, so the plaintiff's mortgage is a mistake made by what is the essence
of the act. Mortgage contract is void. According to the Civil and Commercial Code,
Section 156, paragraph one
Judgement of the Supreme Court
1156/2545.
When the defendant second
listed for sale with land from the defendant, one that accused the two did not
know that the act of transfer of land between the plaintiff and owner of the
land to the defendant 1 was intentionally deceive also accused the two purchased
deposited at a price higher than the price. evaluated very That the defendant
would not listen to the second transfer of land in bad faith is the second
defendant, third parties who act in good faith and be damaged by the fraudulent
intent. The plaintiff can not raise a defense of the intention to deceive on
the second defendant as the Civil and Commercial Code, Section 155, paragraph
one, and may not revoke the act of sale. Once the sale is valid under the law,
a defendant is not transferred to the redemption of the defendant, the
defendant, 3 2 3: Defendant sold to the defendant, 4 acts as the trading and
may not be revoked as well.
Judgement of the Supreme Court
6532/2544.
Provisions of the Land Act,
Section 31 is intended to protect people who have the right to land and the
land on the land for at least 10 years and within this period, the government
also controls the land is located. Do not let the right woman for possession
until the termination time is governed not transfer, so the plaintiff will not
be taking or transfer the possessory right or contract, any one result or look
in the taking or transfer, or may be bought or forced to transfer it. When the
plaintiff contracted to buy land dispute within a period not transfer. Despite
an agreement to buy the land will be bought or transferred out in the day time
and not transfer any. I deliberately avoid the transfer nor prohibited by law.
The purpose of the act that is expressly prohibited by law. Therefore void
under the Civil and Commercial Code, Section 150 of the contract of mortgage
insurance, obviously. The plaintiff and defendant in the amount of mortgage
insurance as the price quoted. The agreement established the right above the
ground works on the same day as the purchase and sale agreement. Can see that
the contract of mortgage insurance contracts and established the right above
the ground acts as a camouflage the purchase and sale agreement by the parties
do not intend on mortgage commitments and rights over land. The contract is
void under the Civil and Commercial Code, Section 155.
The plaintiff has no right to
take or transfer of land bought or dispute to the defendant within a period not
to transfer, including taking possession of land disputes in this period, it
can not do so. To take possession of the land dispute has held that the
defendant's possession of the defendant represented the plaintiff. Does not
consider the defendant taking possession of disputed land from the plaintiff
the plaintiff has the power to sue defendants. Litigation is not the case,
which took possession of the night must be filed within one year from the time
of the taking of possession under the Civil and Commercial Code, Section 1375,
paragraph two
When an agreement to buy land
disputes. Land contract mortgage insurance contracts and established the right
above the ground. The act is void under the Civil and Commercial Code, Section
150 and Section 155 plaintiffs who are entitled to possession of land disputes.
It is the stakeholders would like to set up a contract void by the plaintiff's
claim was filed asking the court ruled that such contracts are void, therefore
it is not exercised in bad faith.
Judgement of the Supreme Court
5236/2542.
Land lease agreement between
the plaintiff and the defendant has two objectives, and residential
construction. When the Interior Ministerial No. 116, issued under Section 5 of
the Planning Act. Undefined prohibit construction of woman and the defendant 2
has contacted the Ministry of Industry and permission to build a factory in the
area and therefore can not deny that the lease between the plaintiff and the
defendant to two aims need not expressly by law. Will not void the plaintiff
sued the defendant has the power 2 to act as camouflage Civil and Commercial
Section 155, paragraph two is that the parties intention to act in two acts.
Act out a show to appear, without wishing to be effective under the law. The
other acts a camouflage blind to the party intends to act to camouflage
covering on the force between each other party in acts camouflage, so there is
only one so the lease between the plaintiff and the defendant, 1 and sublease
agreement between the defendant: 1. 2 Although the defendant made the same day.
But when the party is not the same pair, there is no way to camouflage the act
within the meaning of the law.
Judgement of the Supreme Court
6103/2545.
The plaintiff agreed to sell
land to the defendant by mistake in a land scam because the commission that a
defendant knew or should have known of the fraud it. The plaintiff's mistake in
pricing the asset purchase agreement together. Although not a mistake in the
nature of the act, a party or a person or property which is the object of the
act. But property prices would trade agreement is important enough to the
property which is the object of the act. Determines that the plaintiff's
intention to act by mistake in what is the essence of the act under the Civil
and Commercial Code, Section 156.
On land caused by acts of the
intention by mistake in which a material act of fraud and caused the same time.
But the legal consequences are different. Caused by acts of the intention by
mistake in which a significant effect of the act is void under section 156, but
acts arising from the intention to effect a fraud because it is void under
section 159 must be regarded as null and void act. It is beneficial to the
intention to act by more than a void defect.
Judgement of the Supreme Court
957/2540.
According to the Civil and
Commercial Code, Section 156, paragraph two critical mistakes in the material
of which the acts will be null and void act. Would be a mistake to act on the
individual characteristics of the parties to the act. And property, which is
the object of the act. The petitioner claims that do not understand the essence
of the property by public auction next mortgage is not a mistake under the
provisions of that law. Because of the property by public auction next mortgage
or not. The details of the auction, which the petitioner already know.
Notification of Enforcement staff auction. Act of buying property to the
shareholders of the petitioner. Is not void.
Judgement of the Supreme Court
199/2538.
The plaintiff sued the
defendant deceived the plaintiff to make coverage, but to make a land claim
agreement in which the mistake is significant acts of the defendant against the
plaintiff's land to the defendant denied that plaintiff was not a mistake not
find it. Lift up on fraud against the Court of First Instance ruled that not
even the intention to petition because of fraud and the defendant in the same
way whether it is not considered as items that have been raised as well in
civil court Defendants based their illiteracy and ignorance of the elderly and
the regulations of the Government of the plaintiff to the plaintiff to act for
sale of land disputes and conversions to the defendant and the plaintiff had
intended to transfer only the land and permitting only land disputes. is caused
by the mistake, which is the essence of what the act is void under the Civil
and Commercial Code, Section 119 originally. (Section 156 revised).
Judgement of the Supreme Court
480/2539.
Corporate foundations are the
foundations must be registered as a legal entity when the foundation when he
received the transferee is not a legal entity that is deemed to be transferred
to a mistake in essence, the act makes the act is. void defendants 1 and 2, the
officers who receive complaints under the Land Code, Section 61, shall revoke
the registration of acts of a search must make the transfer to the claim for
revocation of the Civil and Commercial CANCELLATION. not available before.
Judgement of the Supreme Court
3458/2531.
The employee filed a
notification application that false statements, resigned from the same company.
But the truth was fired because of absenteeism than three days without reason
that This show features falsely cause the employer to believe the
qualifications of the employee and agree to be employed as may the business of
the employer for damages the employer shall be entitled to termination of
employment as required by the application that has no memory must be a. serious
damage to their employer first.
Judgement of the Supreme Court
2259/2526.
Although the defendant to
accept a compromise agreement for sale of land back to the plaintiff because
the plaintiff is mistaken as a descendant of You heritage. It is a mistake on
the defendant to the plaintiff's legal status only Is it important to find
errors in the properties of people who normally would have a material under the
Civil and Commercial Code, Section 120 makes a compromise agreement between the
plaintiff and the defendant is not void.
Judgement of the Supreme Court
40/2516.
The plaintiff sued the
defendant forced to comply with permitting a compromise that all three
defendants made to plaintiff. Issues against the defendant just that. Because
all three defendants agreed to accept a compromise permitting the plaintiff to
it. Because all three defendants struck the plaintiff's mistake in the property
by the defendant understands that the plaintiff is the lawful wife of the
plaintiff is You heritage and has the right to this estate. When the defendant
know the truth. That the plaintiff is not legally his wife, the defendant has
told Ehgamrndu clear this compromise permitting the plaintiff. Compromise
permitting the plaintiff to sue the void is not in effect as though it is true,
as defendant claims. It is just as important as a legal wrong to the plaintiff.
Is it important to find the wrong person's property. This would normally count
as a substance that makes compromise agreement on applicable law to pay under
the Civil and Commercial Litigation Section 120138 does not form, so need not
listen to evidence the parties in this matter.
Judgement of the Supreme Court
4997/2549.
Appointments listed in the
sale of land. Plaintiff to the defendant to a plaintiff to bring more land sale
to the defendant to a plaintiff to point to view the land of others, which is
adjacent to convert asphalt with the second defendant had brought others to
see. This is not a property of the defendant that a defendant has engaged with
the second defendant to deceive the plaintiff to purchase the land leave the
plaintiff. However, regardless of whether the defendant is the only two
omissions of a defendant or the purchase of land from a defendant then sold to
the plaintiff. Regardless of whether the plaintiff and profit from the purchase
of land or leave. It is not essential to make changes to the case. The
plaintiff and the trust land for deposit of a defendant to understand that the
land adjacent to an asphalt road by the defendant to the plaintiff's point is
not considered gross negligence. If the plaintiff and the intent to purchase
land from the defendant deposited by mistake in a property which is the object
of the act. Which is the essence of the act. Therefore void under P.WedWed
Section 156 is equivalent to the sale of land is not the place. And does not
constitute any right to a defendant to take the money of the defendant, a
plaintiff must reimburse the plaintiff with interest.
Judgement of the Supreme Court
568/2541.
Car hire from the plaintiff
that the defendant is an old car but with conditions satisfactory And the
defendant have reviewed the lease, and Auto defendant received the vehicle such
as cars, have agreed to do the same with the lease purchase agreement such as
this. If it is not a mistake in the property trade. Does not make void the lease
of the defendant to review later found that Number, chassis and engine numbers
are fake. Registration number does not match the vehicle registration permit
the purchase is just as important errors in the properties of the property.
Which is typically regarded as a significant cause of acts such as leases void
According to the Civil and Commercial Code, Section 157, when the defendant did
not tell the intention to void clear that the plaintiff actively. Hire-purchase
agreement between the plaintiff and the defendant is still in force. Not find a
void. Therefore, the plaintiff terminated the contract and lease. The defendant
has the duty to hire deliver the hire car back to the plaintiff in good
condition.
Judgement of the Supreme Court
8056/2540.
When it appears that the
plaintiff made an agreement to purchase building disputes by understanding that
the building that is located on a land plot No. 614 and 616 but did not know
before that the building that is located on the land title deed No. 615 even
though the defendant will be able to register ownership of Building plot of
land disputes with No. 614 and 616 to the plaintiff or not. But with such
buildings as the acquisition of land title deeds under the law number 615 with
When interpreting these contracts will be traded by the pause and the plaintiff
and the defendant in good faith to the usual tradition and then. Must be
considered not in the plaintiff's intention to enter into such contract,
without the ownership of all property purchased. Should assume the plaintiff
entered into an agreement to trade disputes with the building by mistake in the
defendant's property assets is essential. Agreement to the transaction is void.
When the plaintiff to terminate the agreement is terminated effective as the
objects and shall be considered void the contract to be null and void from the
beginning. The plaintiff and the defendant must return to the original
position. The plaintiff claims the defendant to refund the deposit plus
interest to receive. But can not claim with each other.
Judgement of the Supreme Court
6228/2539.
Court had the power to decide
whether the signature on the actual power of attorney is signed by the
plaintiff or not required expert verification, and is not necessary that the
authority to sign on to the power of attorney may be signed before. and even on
the sign will not fill completely, but when they fill out completely before the
prosecution to meet the wishes of the authority and power of attorney would be
available. The plaintiff contracted to buy land and buildings from the
defendant to the hotel business, but the defendant did not tell the plaintiff
aware of the order of the local official on the defendant to stop construction
and demolition of the wrong form to the plaintiff's mistake in the property.
Property essential cause a void contract is trading the plaintiff has the right
to clear.
Judgement of the Supreme Court
1443/2539.
We do not know that permitting
the plaintiff to purchase the order prohibiting transfer of the intention to
dispute the plaintiff's contract is due to mistake of the features of the
property to acquire a significant contract to purchase the plaintiff is void.
have a right to clean when washed by the plaintiff the right to terminate the
contract. It becomes an agreement to purchase. Must return to the same void as
the accused is returned. Deposit to plaintiff.
Judgement of the Supreme Court
237/2539.
The plaintiff contracted to
sell land and buildings with the phone to the two defendants to the hotel
business, but building dispute is used as a hotel when the plaintiff has
changed the terms of the official Bangkok plaintiff has not changed and the
lapse of time to fix before. The plaintiff and the defendant both made an
agreement to buy and to sell the same 3 years the plaintiff concealed facts
which should have let the two defendants in mind, and if the two defendants
have known would not have committed to buy and sell by the case can be
considered as. Intent with the mistake in the properties of the property, which
considered a significant contract to buy and sell is void karma on the two
defendants told clearing, would void the parties are restored as the original
two defendants is not bound to continue. laboratory under contract to buy and
to sell and does not need a check payment disputes that the two defendants
ordered to pay settlement to the plaintiff.
Judgement of the Supreme Court
5163/2538.
Land lease contract to dig for
the gems of the land leased properties that have come before you dig for gems
or not significant on the leased land to dig for gems has come before but
tenants to lease By understanding that the land lease is not a dig for gems
come before the mistake is the intention of the features of the property which
is typically considered a significant void on the lease of land to tenants say
karma by giving clear void. terminate the lease and ask for the check given to
pay the back rent from the lessor of the lease is void, but first the parties
must return to the same as the lessor must return the check to pay rent to
tenants.
Judgement of the Supreme Court
257/2537.
Purchase of land by the
defendant by the plaintiffs believe that the land scam the public road. No
other land is separated. The real property is not adjacent to public road.
Intention to consider the defendant by mistake on the properties of property to
buy. The land contract is void.
Judgement of the Supreme Court
4919/2536.
Royal Decree to establish
guidelines for highway line Klongton - Nong Ngu Hao. And the junction Nong Ngu
Hao BE 2524 is the law determines that the petitioner aware of such facts.
Petitioner has not claimed that while the petitioner in the auction bidding
petitioner did not know the actual text as it is. Is not a mistake in buying
property from a property auction Issuance of the decree to expropriate the land
area. Is competent to perform the survey prior to the enactment of the
Expropriation Act shall apply to property owned by the decree. Have not yet
vested in the state. While the auction title to the land auction is the second
defendant, and when not to be within the prohibited transfer under the amended
Notification of the Revolutionary Council No. 295 BE 2530, then it can act as
trade law, even if later there will be a highway for Expropriation Act applies
and includes land in the area by land expropriation matter. It is a case that
occurred after the auction completed then. The auction is well
Judgement of the Supreme Court
4045/2534.
Defendant ad exaggerated
features of a car sold to plaintiffs. As new cars. Just a new paint color is
the same reality as the old vehicle. And ever changing colors several times to
claim property Vehicle which is not true many respects. The plaintiff agreed to
buy a car by the defendant believed the ad exaggerated. Car trading scam that
has caused significant errors in the properties of property trading, but still
a car brand with the plaintiff to buy. Fraud, the defendant was not the size
that, if not a scam, then the plaintiff will not buy a car from the defendant
the plaintiff accepted the terms the plaintiff would only harder to claim
compensation from the defendants. While managing director of the defendant, a
defendant is the father. 2 cars and dealing between the plaintiff and the
defendant to do the same two companies that a defendant, but defendant has not
a business. The second defendant company had no working relationship with the
defendant, an order to buy a car, it appeared that a defendant is made.
Constant, but the second defendant's signature signed in as a manager or vendor
only Such circumstances. Also held that the defendant is not represented at two
of the first defendant or the defendant is a party to participate in the sale
of cars with the plaintiff. The legal age is not provided for a compensation.
According to the Civil and Commercial Code, Section 123 must be considered as
the general rules under the Civil and Commercial Code, Section 164, which is
scheduled for 10 years.
Judgement of the Supreme Court
3382/2525.
The defendant's right to land
is limited because the buildings do not build high voltage power lines through
Under the Electricity Generating Authority of Thailand BE 2511 the
defendant contracted to sell the land to the plaintiff by the plaintiff did not
inform the matter to know The plaintiff's misunderstanding of the features of
the land, which is a substance that dispute because the plaintiff to purchase
the factory building. The intent of the plaintiff is void. When the plaintiff
told the contract is clear and therefore void the sale early. Defendant to
return money received to the plaintiff.
The plaintiff sued the
defendant concealed the fact that the fraud and take legal action so I washed
the land price paid will recover from the defendant. The defendant still did
not lose Editing the properties of real property. The plaintiff did not know it
would make a mistake in the plaintiff's property to property in which the court
ruled that the plaintiff purchased the disputed property by deception in the
land can not sue a non-issue out (refer the petition 1034/2518).
Judgement of the Supreme Court
1229/2520.
Defendant contracted to sell
land to the plaintiff. Labeled in the agreement that any land not Paraeidpoan
which the defendant knows that it is attached land mortgaged to others and
cover up this truth. And circumstances that show that if the plaintiff knows
the truth this would not have contracted with the defendant surely. Constitutes
property of the plaintiff's mistake in the property which is the object of an
agreement to purchase, which would normally count as a significant agreement is
void.
Judgement of the Supreme Court
6281/2550.
Defendant contracted with the
bank loan and pledge agreement the plaintiff due to defendant management of the
S. Error and loss and to ask the plaintiff, a shareholder of the Company to
continue editing. The defendants have agreed to bring private money to pay its
debt to the defendant as administrative errors even when there is coercion or
intimidation from the plaintiff to the defendant to criminal proceedings or to
close the company. If the defendant refuses to loan agreements and contracts
pledging to the plaintiff, it is a threat to the exercise of the usual popular
under the Civil and Commercial Code, Section 165 shall not constitute a threat
under the law to make the loan agreements and contracts pledging between The
plaintiff and the defendant becomes void.
Judgement of the Supreme Court
8498/2540.
The second defendant was a
broker on a sale of the defendant to the plaintiff to pay a deposit and pay the
plaintiff costs of the various land is transferred to the plaintiff. But the
hindrance due to the defendant. Can not register a transfer of land to the
plaintiff. Is to inform the plaintiff alleged that the two defendants jointly
fraud. Then both the plaintiff and the defendant at the police station to
negotiate the same one made by the defendant and permitting plaintiffs to
recover money. The plaintiff and the defendant police officers who secured two
contracts. If you do not take offense to the second defendant then used a legal
right in good faith because they have the right to the debt. Which can be
considered a threat to the exercise of popular normal. Not constitute a threat under
the Civil and Commercial Code, Section 165 contract dispute is not guaranteed
issue void.
Judgement of the Supreme Court
5594/2536.
The first defendant is the
plaintiff's store manager. When the plaintiff found that goods and money in the
responsibility of a defendant and the defendant lost the first did not accept
responsibility. Threatening to arrest the plaintiff and the defendant that a
criminal case alleging misappropriation of the defendant is willing to make a
compromise agreement with the plaintiff. As a legitimate right of the plaintiff
which should normally exercise their popularity. If it is threatened by an act
will not become void. As a result, a compromise agreement in force. Duplicate
documents. Considered to be the source document.
Judgement of the Supreme Court
3527/2532.
Compromise agreement with the
plaintiff accused the police station by the plaintiff said. "Use the money
to waste. If not stick to prosecution and prison, "they said of the
plaintiff. "O the lost brother. Possession necessary. If no contact is
being sued for jailed "and the officer said. "We adults use the
waste. Discipline is otherwise a criminal penalty I "is the story they
told him that if the plaintiff and the defendant refuses to pay the plaintiff may
sue condone criminal defendants. Which by the exercise of judicial integrity.
This threatened to exercise normally popular. It is not a threat to the act is
void. According to the Civil and Commercial Code, Section 126 compromise
agreement are completely applicable.
Judgement of the Supreme Court
1331/2525.
When employees have done
indicate that the financial frauds and the employer told the employee to resign
or else threatened to prosecute the normal exercise of popular, so when the
employee voluntarily resigned. Therefore not be fired by their employers.
Judgement of the Supreme Court
1334/2522.
Plaintiff that the defendant
made a compromise agreement. Debt repayment to the defendant pending the
purchase of land to the plaintiff. Later, the defendant year period to solve a
number of compromise settlement agreement from 2520 and 2521 is marked with a
sign. Because they threatened the plaintiff. If the defendant does not solve.
Check out the plaintiff to the defendant released to others. The man is in
possession of the prosecution of the plaintiff to the defendant no money to
check out the base as a menace threatening the plaintiff's right to use normal
hits. The Civil and Commercial Code, Section 127 does not constitute a threat.
The defendant time to solve the debt in the compromise agreement is not void.
Force and effect.