Section 1465. If
the husband does not sign a special agreement on the property before marriage. The relationship between husband and wife in the property. To enforce the provisions of this section.
If any message in the
prenuptial agreement is contrary to public order or good morals. Or
to use the law of another country to enforce the property, the message is void.
Judgment of the Supreme Court
14884/2558.
The petitioner and the defendant
divorced by the consent of both parties. Section 1532 (a) provides for the division of the
husband's property, as is available at the time of registration of divorce. Agreement on a copy of the record behind the divorce records
between the petitioner and the defendant, the 1st defendant agrees to lift the
land title deed No. 32498 with the building number 6/82 to the ownership of the petitioner. The
contract of division of property between husband and wife according to the
provisions of the said section. Not a contract for
property that must be made in writing and registered with the competent
official will be complete as provided in Section 525 when the Registrar has
divorced. Both parties have already managed to divide the
property. The land and buildings are the sole ones. The defendant has not yet registered the transfer of land and
their own building to the petitioner. The only result is
that the acquisition of the property of the petitioner is not complete under
Section 1299 paragraph one, but the rights of the petitioner under the division
of property registered by the registrar, and the petitioner has possession. The only one forever. Both mortgage and
mortgage redemption from the bank A. It is considered that
the petitioner is in a position to register their rights before the Civil and
Commercial Code, Section 1300 petitioner is not a real estate. By
way of other than the law and the plaintiff is the only creditor under the
judgment of the defendant, which brought the land and buildings to be sold to
the plaintiff to pay the plaintiff. The plaintiff is not a
transferee of land and buildings with compensation and in good faith. And have registered in good faith. The
plaintiff is not a third party protected under Section 1300 so even if the
petitioner does not register the acquisition of land and buildings. Section 1 of the defendant to the competent officer raised the
plaintiff's fight. The plaintiff as a creditor under the
verdict will affect the rights of the petitioner under Section 277 of the Civil
Code, the plaintiff therefore has no right to seize land and buildings to pay
debts under the judgment. The petitioner has the right to
demand release of the seized property.
Judgment of the Supreme Court
13552/2558.
The parties to the dispute may exercise
their right to intervene. The dispute can be settled under
Section 850 under the compromise agreement. As a result,
the old debt was suspended under Section 852, then bound together as agreed in
the compromise agreement. But the agreement between the
plaintiff and the defendant in Article 1 states that "the
divorce and the surname will be agreed later." Then
agreed that the defendant will pay the plaintiff a month to 20,000 baht. The dispute between the plaintiff and the two defendants
caused the defendant to have a relationship with the defendant and the two
defendants are both eat together. To honor other women I
have a wife who has the right to file a divorce under Section 1516 and divorce,
the plaintiff has the right to claim compensation from the defendant. Section 1526. In addition, the two
defendants have a relationship I am an affair. The
plaintiff is entitled to compensation under Section 1523 disputes that give
rise to the plaintiff's three rights have not been agreed to suspend each other
in any way. The agreement between the plaintiff and the
defendant is not a compromise agreement. And according to
the circumstances that it is agreed that the divorce and the death of the
subsequent show that the plaintiff does not forgive the defendant will cause
the right to file a divorce, the plaintiff sued the case. According
to the right to the plaintiff, so the defendant can not claim the record. It is a fight.
Judgment of the Supreme Court
12346/2558.
Section 1474 (2) states that Marital Property acquired by either party during
the marriage, by will or by means of a book. When the
testamentary or the book is listed as a sinus. It is clear
that the law. If the person providing the property to any
husband or wife during the marriage wishes to be transferred to a spouse. The quotation must be clearly stated in the book.
And the law is not limited to the only to the Commercial Code, Section
1471 (3) prescribes that personal
property. Property acquired by a party during marriage by
inheritance or by way of inheritance. It's an extension. When it comes to whether or not it is forbidden.
The applicant must clearly indicate that he wishes to be a Marital
property, so when the fact is that the defendant's father, the first defendant,
made a letter of land disputes to the defendant by affection, without identifying
it as a sins, it must hold. The private property of the
defendant, despite the fact that the plaintiff's claim that the land dispute
disputes to the defendant with conditions and compensation because the
plaintiff and the defendant. 1 to put the money to repay
the mortgage at the request of the disputed land. It does
not change the legal provisions are already evident. The
land that is separate from the disputed land after it has been ceded, it is the
private property of the defendant as well.
Judgment of the Supreme Court
10451/2558.
The plaintiff was the wife of the
law of the land that the land dispute in 1977, which is the time after the
fifth of the Civil and Commercial Code, which was re-examined
in 1976, then apply. Land dispute is not a disability. It is a sinus law in accordance with the provisions in force
while the land dispute is a property of land ten thousand million.
Compared with land disputes given to the defendant, a child of K. and his wife, who had a small price, had previously raised the
land to three children born to the plaintiff. The land
disputes for the defendant, so it is all to the children equally in accordance
with the property of the custodian. It is a good enough
for the family's secrecy or the morality of Section 1476 (5). Even if the plaintiff does not give consent, the plaintiff
sued the plaintiff to cancel the agreement between the defendant and the
defendant.
Judgment of the Supreme Court
3604/2558.
Plaintiff sued under the compromise
agreement. The two defendants did not dispute the
existence or completeness of the compromise agreement. The
two defendants must be considered that the defendant and the plaintiff agreed
to enter into a compromise agreement in accordance with Section 84 (3) of the Civil Code, so the case is
considered a compromise agreement between the plaintiff and the defendant. Be a party And the outcome of the compromise agreement is that
under Section 852, that is, the claim that each party has waived it is
terminated, and each party has the right as shown in the contract itself as a
cause. When the defendant entered into a contract with the
plaintiff, the land and the construction of the children as a minor, then the
defendant will not transfer the house and land. The
decisive say Although the contract is a contract for the benefit of the third
party, the two children and the third party as stated in the contract did not
intend to take advantage of the contract because it is underage under the terms
of the contract, then the defendant. Still need to be
bound by the compromise agreement. To return to claim that
the land is a private property or Marital property or not. Because
of the rights of the defendant 1 as it existed above the two land plots have
been suspended, then the defendant has the right and obligations under the
compromise agreement.
Judgment of the Supreme Court
2797/2558.
Even the Court of First Instance
settles the dispute. The actions of the two defendants are
intended to mislead the plaintiff to misappropriate the plaintiff.
But the fact is that the dispute in the case that the defendant is not
entitled to land dispute. Marital property The plaintiff's
registration to transfer to the defendant without the consent of the plaintiff,
the wife of the defendant by the law and the fact that while the land dispute
settlement agreement that the defendant knows that the second defendant. The 1st defendant's marriage was appealed to the Court of
First Instance on this issue. The Court of Appeal 1 has
ruled that the defendant knows that the second defendant has a spouse and the
transfer of land disputes have not obtained the consent of the spouse. The plaintiff has the right to declare the land transaction
dispute between the defendant and the defendant 2, which is the correct
diagnosis of the dispute. And no matter how the defendant
landed with the defendant 2, the price did not change the outcome of the case
so that the Court of First Instance to determine the issue of the dispute is
not correct and the defendant has the right to detect the actual purchase price
is not prohibited. In law The law is not material to the
case should be diagnosed by the Civil Code Section 249 paragraph one of the
Civil Procedure Code under Section 1480 of the Civil and Commercial Code. The law must be revoked. Only the parts
can be revoked. When the Court of Appeal 1, the judge to
revoke the land transaction law between the defendant 1 and the defendant 2
only the proprietary part of the plaintiff. And this does
not apply to the Supreme Court. But the Court of Appeal 1
to the second defendant to register the plaintiff is the title holder with the
defendant in the land title plaintiff did not say in the lawsuit.
Judge over or beyond the appearance of the indictment does not like the
Civil Code Section 142, which is a matter of public order. There
is no party to any petition. The Supreme Court upheld the
amendment.
Judgment of the Supreme Court
1776/2558.
The testimony of the person to the true
origin of the land sale contract is why the name of the defendant is the
transferee. It is not a proof to enforce the contract
between the buyer and the seller. It is not an additional
proof, truncated, or altered text in the document. It is
not prohibited by the Civil Code Section 94 of the death of the defendant
jointly borrow money to buy land with townhouse. Before
the marriage registration and help with debt repayment, the bank joined the
original partnership. However, the ownership of land with
townhouses does not appear to have agreed otherwise. It is
the ownership of the death of the defendant in half, so when the land with the
townhouse is the property that the defendant died before the marriage. It is a private property of the death to the defendant by the
Civil and Commercial Code, Section 1471 (1) The
death of the defendant together with the defendant in the purchase of the first
marriage. Land with townhouse to mortgage debt. Then there is a debt payment until the mortgage is registered
with the name of the defendant after the marriage. It is
only the debt repayment process with the defendant. Can
not make land with townhouse, which is a private property of the deceased with
the defendant before the marriage must become a sinus. Land
with townhouses is a legacy of the dead half. There is no
legal provision requiring the court to establish a trustee to identify the
estate of the deceased. The defendant filed a request
without specifying another 5 plots in the estate. It is
not considered as an obscure legacy. As a result, the
defendant must be disposed of the inheritance of the deceased.
Judgment of the Supreme Court
1490/2558.
Defendant and counterclaim without
asking the court to show that the debt that the defendant borrowed money from
his father is a joint debt that the plaintiff must be liable for one half. Or ask to divide the house as a sinus, by deducting the loan
before. The lower court of the two judges to split the
house as a sinus by deducting the loan before it was judged too than appearing
in the counterclaim filed by the Civil Code Section 142 of the husband's wife
debt in accordance with the law. Section 1489 and Section
1490 shall be liable when the husband or wife to pay debts to the creditors. If the parties pay the debt to the creditors to exceed their
own. Marital property How much does it have to claim the
other party to make. Not if the husband or wife divorces
and breaks. Marital property The debt must be deducted
from the property of the marriage to keep one party to pay debts to the
creditors first and then share the remaining Marital property. Because
if the money is not paid to the creditor. Creditors may
call for another party to repay the loan in full.
Judgment of the Supreme Court
495/2558.
The land and house disputes. The dead bought and built after the second and the second
defendant married. The death penalty must be divided
between husband and wife before death. The defendant's
second half as soon as death. The second half of the
estate is the property of the land and the property belonging to the defendant,
not a property as inheritance. As a manager of the
inheritance, it is not authorized to register the inheritance and registered
the sale to the plaintiff. Even the plaintiff is claiming
good faith and compensation. But it does not appear that
the defendant 2 conspire with or negligently serious negligence, defendant 2
will be protected and have the right to land and their disputes. The
registration of the sale is not bound to the defendant, the second part of the
estate and property dispute, which is inherited will be the heirs, the
defendant is a second and a third part equally. The land
registration and land dispute is transferred. The sole and
the sale to the plaintiff. It is an act that is within the
power of the inheritance management if the 1st defendant as the heir apparent. It was not right and it was damaged. The
plaintiff has the right to sue the plaintiff for the purchase of land and
houses on the property of the estate, without appearing that the plaintiff
dishonest. I like and bound the defendant, the first and
the second paragraph of Section 1724 of the Civil and Commercial Code, Section
1724 paragraph one, when the sale of land and houses in the estate, like and do
not redeem the sale. The ownership of the land and the house
is part of the plaintiff. The plaintiff is the owner of
the land and the dispute with the defendant, with two equal parts, the second
defendant prevented the plaintiff, who owns the property, to use the property
dispute. It is a violation of the plaintiff, the
defendant, 1 to 3 to 5, which resides in the land and the dispute disrupted the
plaintiff's use of property dispute. It is a violation of
the plaintiff as well.
Judgment of the Supreme Court
277/2558.
In the case before the plaintiff and
the four defendants agreed to make a compromise that the plaintiff and
defendant 1 to divorce, and in contract No. 2 agreed that
the land dispute is the defendant's first, as the defendant 4 will proceed to
transfer the ownership of the land. The defendant 1 within
15 days and 1 in the contract states that the defendant is not promised to
interfere with the plaintiff in all respects, if the defendant is in breach of
contract to consent. The compromise agreement and the
verdict on behalf of the divorce decree against the plaintiff. It
appears that while the defendant has been transferred land dispute back. The plaintiff and the defendant is not registered. The land dispute is a property that the defendant acquired a
contract during the marriage that the Civil and Commercial Code, Section 1474 (1) as a sins. However,
the agreement on other Marital property has shown clearly that the plaintiff
and the defendant wanted the property of the Marital property and disputes, the
share is divided into clear personal property of each party as well as the
individual. Externally, to settle disputes do not
interfere with each other. The contract is even a marriage
contract. But the verdict and the contract is completed. Can not be washed Land dispute is not the property of the
plaintiff and the defendant, but the private property of the defendant, the
first defendant is entitled to register the transfer of land disputes to the
defendant without the consent of the plaintiff. The
plaintiff has no right to sue for the revocation of such act under Section 1480.
Judgment of the Supreme Court
19772/2557.
Marriage ends with death. Divorce or Court of Settlement When the plaintiff and the
deceased were married on February 15, 1974 and divorced on February 1, 2002
between February 15, 1974 to February 1, 2002, the marriage of the plaintiff
and the deceased is still available. When a partner claims
that a property sued by the deceased was between the marriage and the plaintiff. It is the sins between the plaintiff and the deceased. And in the divorce registry is not recorded as evidence, the
plaintiff's statement that the plaintiffs to take the property they are
entitled to. In case it is suspected that a property is Marital
property. It is assumed that the Marital property. When the plaintiff and the deceased registered the divorce. The property must be divided on the date of divorce, the
plaintiff and the death each half.
Judgment of the Supreme Court
16134/2557.
Even the plaintiff and the defendant
is a husband by law. And the land dispute is the sins of
the plaintiff and the defendant, but the defendant, the first defendant
informed the defendant that the land dispute and the landlord that the
defendant separated one with the plaintiff. The plaintiff
can not be signed to give consent. The claim that the land
dispute is a defendant to the plaintiff's testimony to answer the defendant's
claim that the defendant was separated from the defendant in 2010 since the
registration of the defendant after the land. Dispute the
defendant to do the act alone. The plaintiff has never
given consent to cause the defendant to believe in good faith that can do legal
action. It is not considered that the defendant is
careless in any way. When the defendant made a sale with
the defendant in good faith in the price of 265,000 baht, when the defendant
can not be redeemed, the price has increased to 300,000 baht is considered a
reasonable price because the plaintiff claimed in the request. If
the land and buildings are returned to the plaintiff did not use the price of
230,672 baht to the plaintiff, so that the defendant to buy a good faith and
compensation. When the defendant 2 land and buildings for
sale to the two defendants, it is considered that the two defendants are
protected under Section 1480, the first paragraph at the end of the plaintiff
can not sue for legal action. The plaintiff sued the
lawsuit. When the plaintiff has no right to sue the
lawsuit and the defendant is liable to the plaintiff. But
when the plaintiff and the defendant is still married, the case can not share
the surname or to pay the price instead of the plaintiff's request.
Judgment of the Supreme Court
14040/2557.
The plaintiff and the defendant married
and buy land and house after marriage. Even land and house
names are plaintiffs only one, but the property acquired during the marriage. It is the property that the plaintiff and the defendant
acquired during the Civil and Commercial Code, Section 1474 (1), which the plaintiff and the defendant must be divided when
the lack of marriage equal part of the Civil and Commercial Code.
1533 The plaintiff purchased the land and the dispute between the
marriage and the defendant. Although the defendant is a
foreigner. Section 86 of the land law, but the land will
not have no effect at all because the defendant also has the right to receive
the land under Section 94, which provides for the alien to sell the land. Yes, and the compulsory sale only applies to disputed land. Excluding the house where the building is disputed, because
the alien is not forbidden to hold any ownership of the building.
Judgment of the Supreme Court
13723/2557.
Case before the plaintiff sued the
defendant divorce agreement. And divide sinus With a
compromise agreement. No lawsuits have been filed for
foster care. The filing of a foster care bill can be filed
separately without reference to divorce because parents have a duty to share
parental care, whether divorced or not, and the minor's child is in the custody
of any party. According to the divorce registry, there is
no custody agreement. There is only agreement on the child
in the two parties. Filing a petition for child custody in
minors It is not the case that the former in the original case or the claim was
made before the original lawsuit, which must be filed in the original case. This lawsuit is not a litigation again on the issues that were
diagnosed by the same cause. Not a repeat offense
Judgment of the Supreme Court
12250/2557.
The plaintiff together with the
defendant married in Australia. And invest in the vineyard. Later, the defendant moved back to Thailand. I
have not divorced with the plaintiff. Compensation paid by
the Australian Government to the plaintiff and defendant in the case of
abandonment of the vineyard. The money acquired during the
marriage is a sinus. The plaintiff sent compensation to
the defendant. Then the defendant brought the money to buy
property dispute. Even with the registration, the
defendant is the sole proprietor. Dispute is still the
property between the plaintiff and the defendant. Subsequently,
the plaintiff filed for divorce, the defendant divided the Marital propertyand
asked to use the authority to govern children at the Juvenile and Family Court
in Khon Kaen. The case is being considered by the Juvenile
and Family Court of Khon Kaen. The defendant registered
the sale of the property to the Police Colonel is not a contract in the normal
way. Although the lawsuit is still under dispute and is
under consideration by the Khon Kaen Provincial Youth Court, the plaintiff (the p laintiff in this case) is the
creditor who has the power to sue the defendant. The
composition of the fraudulent creditors under Section 350 of the defendant's
actions is a fault cheating creditor. Dispute is a Marital
property between the plaintiff and the defendant. The
plaintiff and the defendant is the owner of the property dispute.
The defendant brought the property into the police registration for sale
to the police by the plaintiff and the plaintiff did not know the permission of
the plaintiff before. And do not redeem within this
deadline. The action of the defendant is to obstruct the
property dispute to his or her third party fraud. It is
misleading under Section 352 of the first paragraph, as well. The
offense of the defendant. The act is a one-sided
offense against several laws.
Judgment of the Supreme Court
8917/2557.
The Court of First Instance determines
the dispute in the floor. Land dispute is a Marital
property between the MPs and Mon. And if the Marital
property both plaintiff and the defendant have the right to land dispute. Court of First Instance considers that. Section
68. The share in the Marital property should be divided
according to the law and what should be in accordance with the law, the law
relating to the public order. The plaintiff has the right
to appeal in this issue, and MPs are married to husband before the year 2478 is
legally husband. I did not register the marriage before the use of Civil and
Commercial Code, 1937 under which the provisions of the provisions of Section 5
of the Civil and Commercial Code. Section 4 stipulates
that the provisions of Section 5 of the Civil and Commercial Code, which have
been re-examined, do not affect the provisions of Section
4 and Section 5 of the Act, the provisions of Section 5 of the Code. Civil and Commercial Law, 1934. Division
of Marital property and MPs must be divided according to the law of the spouses. Chapter 68, even if the land will be disputed after the use of
Civil and Commercial Code BE 2477. 2 out of 3 And e. In the first three parts of the estate. Falls
are a legacy of the heirs. The plaintiffs, which included
the two.
Judgment of the Supreme Court
8624/2557.
The heir will become a member of the
settlement, instead of the deceased member receives the title deed or the
certificate of the land. Section 30 of the Land Act for
the purpose of living shall pass the consideration of the selection of the
descendants of the judges to select qualified graduates to qualify under
Section 22, which is the selection of descendants from the qualifications of
the heirs. So it is not right to inherit the heirs
immediately after the death of the death of the defendant and the defendant to
apply for a settlement. To obtain the right to use the
land dispute, the representative and the committee considered the descendants
considered that the defendant and the qualified. The
governor of the province announced the allocation of land dispute between the
two plaintiff and the defendant, while the plaintiff and the defendant husband
legally. After the defendant has the right to custody,
according to the notice, the defendant has done with the plaintiff in the land
disputes. Even the plaintiff is not named in the document
and is not approved as a member of the settlement of the canal. But
the plaintiff as the wife of the defendant has the right to eat the benefits of
land disputes, as well as the benefits of land disputes. Land
dispute is the sins of the plaintiff and the defendant.
Even land disputes are in that condition. Within five
years from the time of ownership or transfer ownership to others.
But it is not strictly prohibited. After the
expiration of this period, the defendant has the right of ownership or
ownership as well as the right of ownership or ownership in general. As a result of the defendant's rights as a husband and wife
with the plaintiff itself. When the land dispute is the
property that the defendant acquired during the marriage. It
is the sins between the plaintiff and the defendant, which will be divided into
a half plaintiff under Section 1474 (1) and
Section 1533
Judgment of the Supreme Court
7677/2557.
While the defendant 3 and L. Buy land disputes from the MPs, the dead do not die. Part of the dispute is a part of the third defendant is the
sins of the dead and the third defendant after the death of the dead. Disputed land in the Sin Somers All other property of the
deceased as a legacy to the third defendant, as the deceased to do the will to the
third defendant immediately. The 4th and 5th defendants,
the heirs of the deceased, were disqualified. When the
third defendant is the heir of the deceased. There is no
reason to share the estate. Land disputes in the sins of
the deceased belong to the private property of the defendant. 3
When the defendant 3 and the defendant listed the land dispute to the defendant
4 and 5, it is the third defendant to the private property of the defendant. Both plaintiffs have no right to seize the land dispute of the
defendants 4 and 5, claiming that the estate of the deceased MPs who handed
over to the 4th and 5th defendants as heirs.
Judgment of the Supreme Court
7031/2557.
The land dispute is a property that
has been acquired while the plaintiff is a lawful wife. It
is a sin that the husband or wife must manage together or manage with the
consent of the other party. When the sale of land under
Section 1476 (1), but it appears that
the plaintiff's signature as a consent to sell the act. I
do not do it alone. The law is not complete.
This will result in the spouse refusing consent to request the court to
revoke it. Except for juristic acts that outsiders have
done in good faith and pay compensation under Section 1480 paragraph one, but
the law does not stipulate that the act is void or void. So
long as the contract of sale of land has not been revoked. The
outsider who is the contractor shall have the right to complete the land.
Judgment of the Supreme Court
6509/2557.
When the Chonburi Provincial Court
ruled in accordance with the compromise agreement that the defendant agreed. The defendant will register the transfer of title deed no. 11852 land area of 3 acres to the plaintiff and the
plaintiff is the husband of the lawful wife, even before death to the
registration deadline to transfer ownership of the agreement in the compromise
agreement. The acquisition of land under a compromise
agreement with the competent authority has not yet been registered. But it does not make the right to get land under a compromise
agreement that already exists before it is lost. And the
right to enforce the land in accordance with the verdict is a property that the
plaintiff acquired during the marriage. As a sinus under
Section 1474 (1), which would result
in the land title deeds No. 11852 area of 3 acres will
be the same as the property between the plaintiff and the same. The
plaintiff has the ownership of the land together with the land in half.
Judgment of the Supreme Court
4246/2557.
In case the husband or wife manages
the Sin Somros without the consent of the other party, the Civil and Commercial
Code, Section 1480, the provisions of the damage to the parties to the law that
is specific. Can not be withdrawn if the outsider has done
in good faith and paid compensation. It may not be general
guidelines. The transferee has no right to transfer this
case. When the title deed is publicly disclosed to the
general public, the defendant has been disposed of the land dispute by way of
inheritance. It is understood that the land dispute is a
private property of the defendant, the two have the effect of believing in good
faith that the defendant can do legal acts on land dispute without the consent
of the plaintiff. The commitment between the plaintiff and
the defendant 2 is how outsiders can not recognize. I
heard that the defendant, who is a third party, acts in good faith and
compensation. The plaintiff can not be revoked.
Judgment of the Supreme Court
2086/2557.
Commercial buildings No.
35 and 36, the plaintiff and the defendant rented from the Crown
Property Bureau. Even with just the right lease. But the lease is a property that is affordable and affordable. When married during the marriage is a sinus. And
according to the record, the divorce records as the plaintiff sued. Defendant must share the sins to the plaintiff.
Judgment of the Supreme Court
1222/2557.
The defendant's second and third
defendants that the land dispute is a property of marriage, not known and not
certified. The statement that there is no grounds for
refusal under the Civil Code Section 177 paragraph two, so there is no point to
be confirmed in this matter. When the plaintiff sued
clearly. Disputed land is the property acquired during the
marriage. As a sinister under Section 1474 (1), the defendant 2 and 3 can not be seen as any other defendant,
the defendant is unable to submit his testimony, so can not bring his evidence
to follow. Civil Code Section 199, but the defendant
testified as a witness to the plaintiff under Section 1480 paragraph one. Property management married. Without the
consent of the spouse under Section 1476, the other spouse may request the
revocation of the legal act. Unless at the time of doing
the juridical acts, the third party has done in good faith and paid the word in
good faith means that the third party has entered into an act with one spouse,
not knowing that it is a legal act to bind the sins that require the consent of
the spouse. One party The defendant made a land
transaction by knowing that it is. Marital property And
the plaintiff did not agree to do the act of the defendant, so it is not the
third person to act in good faith, the third defendant to buy land disputes,
without paying attention to the land disputes and pay the defendant to the second
lot to redeem the land in large amounts without. Any
collateral that will be executed under the agreement. And
pay the remaining land without proof. It is unlikely that
the land transaction dispute between the defendants 2 and 3 is in good faith.
Judgment of the Supreme Court
6870/2056.
Defendants 2 and 3 to fight that the
property division between the defendants 1 and 2 are divided property
ownership, including the defendants 2 and 3 will appeal that the law applies to
the partnership. It is a matter that the couple put
forward the law to apply the facts in the case, the authority of the court in
particular. And if the court finds that the law in
question is incorrect, then it is preferable to modify the law according to the
facts that appear in the idiom itself. Appeal in this
issue is raised in the Court of First Instance. Even
property that the defendant acquired during the marriage with the plaintiff is
the property that the defendant has 1 ownership with another person, it must be
considered in the defendant's part 1 ownership of the property between the
plaintiff and the defendant because the Sin Somros is not required. Both properties are mutually exclusive. If
any spouse has a party, it will result in a Sin Somros under Section 1474 (1), without the need to have a divided
property agreement between the owners before the Sin Somros. The
defendant agrees with the defendant about the second division of the property
of the defendant is a sinus property, so it is not a divided property between the
owner as usual under Section 1364, but it looks like a compromise agreement. About Sin Somros under Section 850 and management of Sin
Somros, which according to the Civil and Commercial Code, Section 1476 (6), paragraph one requires joint
management or consent of. None of the parties When the
plaintiff did not consent to the defendant in the act. The
plaintiff sued the court to revoke the law to divide the property under Section
1480, the defendant will not have the right to dispute the land plots to sell
to the third defendant because the sale of property will be done.
With the consent of all the owners of the Civil and Commercial Code,
Section 1361, paragraph two, the third defendant knew that the defendant filed
a lawsuit against the second defendant and the case is being considered by the
defendant.
Judgment of the Supreme Court
6711/2537.
The plaintiff's defendant agreed on the
property between husband and wife. The defendant promised
that the land and the private property of the defendant to the spouse is the
case where the spouse of the message before the marriage contract in the
marriage certificate. With registration under the Civil
and Commercial Code, Section 1466, when it appears that there is a message
contrary to public order or morality of the people will come into force under
the Civil and Commercial Code, Section 1465, paragraph two.
Judgment of the Supreme Court
4214/2534.
The defendant is a husband and wife, and did
not appear to have a contract in the matter. Pre-marital property The relationship between the husband and wife
of the plaintiff, the defendant on the property is required. Compulsory
under the provisions of the Civil and Commercial Code, Chapter 5, Section 4,
Property with Husband and Wife. And the defendant, the
husband and wife. The lawsuit against the property between
husband and wife does not. Unless there is a power law. According to the plaintiff's plaintiff is the plaintiff's
share of the land sale of the defendant sins. This is a
case where there is no provision of law to prosecute. The
plaintiff claims that the plaintiff is likely to be sued because the plaintiff
has the authority to manage the Sin Somros. Civil and
Commercial Code, Section 1477, and can not handle any benefit to the Sin Somros. Because there is no property to pay debts to the creditors
that the plaintiff has Sin Somros. The action of the
defendant is to increase the prosperity to the sins of the plaintiff, the
defendant is a petition to the facts outside the plaintiff's own complaint. Because the plaintiff sued the defendant against the
management of Sin Somros under the Civil and Commercial Code, Section 1484.
Section 1466. The
prenuptial agreement is void. If the contract is not
registered before the marriage is in the marriage certificate, together with
the register a marriage certificate A copy of the spouse's signature and at
least two witnesses attached. The marriage certificate is
entered in the marriage certificate and the marriage certificate is attached.
Judgment of the Supreme Court 2554/2539.
Plaintiffs are married spouses
each year. 2510 registered the transfer of land
inheritance dispute in 1970, the land dispute is Marital property between the
plaintiff and the plaintiff and a part of the annuity under the Civil and
Commercial Code, Section 1466,1462, paragraph two previously in force at that
time. When there is no premarital agreement between the
plaintiff and As agreed otherwise, the landlord is the landlord. Land
disputes with. According to the Civil and Commercial Code,
Section 1468,1473, paragraph one, although the Civil and Commercial Code shall
be promulgated. Section 5, as amended in 1976, the Act
shall apply the provisions of Part 5 of the Civil and Commercial Code. .Prof. Section 7 of the Seventh Act of
1972 provides for the management of the Marital property. Therefore,
only one person can dispose of the disputed land without the consent. The plaintiff's wife.
Judgment of the Supreme Court
6552/2538.
The property of the estate is
a total of 6 items are inherited property while the use of commercial prepaid 5
original. The consideration of what kind of property
between husband and wife must be considered in accordance with the law. Used at the time of acquisition. When the
inheritance is inherited and given during marriage without being identified. To be original or personal property. Such
property is the property between the inheritance and the Civil and Commercial
Code, Section 566, Section 1466. Later, the provisions of
the 5th Reparation of the Civil and Commercial Code, which was re-examined
in 1976. Section 1471 provides that property acquired
during marriage by inheritance or by Affection is personal property and Section
1474 provides that property acquired during marriage by will or by giving A
letter and a will or a letter to indicate that the Marital property. It is a sinus. Unlike the provisions of
the original 5, it does not make the property that is the original property was
changed to private property of the inheritance, because the revised law does
not provide for change as in the case of the original. The
provisions of the Civil and Commercial Code Book 5, which was re-examined
in 1976, Section 1471 to apply to this case can not find. When
the property is a property, the inheritance is only half of that.
Inheritance to heirs
Judgment of the Supreme Court
6711/2537.
The plaintiff's defendant
agreed on the property between husband and wife. The
defendant promised that the land and the private property of the defendant to
the spouse is the case where the spouse registered the message before the
marriage contract in the marriage certificate. With
registration under the Civil and Commercial Code, Section 1466, when it appears
that there is a message contrary to public order or morality of the people will
come into force under the Civil and Commercial Code, Section 1465, paragraph
two.
Judgment of the Supreme Court
4947/2533.
Land disputes by inheritance
between the husband and the plaintiff when it appears that the land inherited
the dispute before October 16, 1976, the date of the Civil and Commercial Code
No. 5, which was re-examined in 1976. Applicable Land dispute is a sinus between the district and
the plaintiff under the Civil and Commercial Code, Section 566, although the
land dispute is the property between the plaintiff and the plaintiff when it
appears that the plaintiff's land dispute to the defendant. The
plaintiff has not seen any objection or objection to return. Defendant
redeem the sale. And register the transfer of land to the
defendant. The plaintiff will apply for a revocation of
the registration of the land disputes. No accusations
Because it is unfair. Misuse of rights It is about the
power to sue, which is a problem of public order. The
Supreme Court has the power to raise their own.
Section 1467, when a marriage
can not be changed before the marriage contract. In
addition to being authorized by the court.
When the court has finally
ordered to change the contract before the marriage. The
court shall inform the marriage registrar of the marriage certificate.
Judgment of the Supreme Court
2270/2521.
Land Marital property between
the plaintiff, the defendant, whose name is the defendant is the title deed. The plaintiff, whose wife requested to be jointly owned in the
deed, according to the Code. Civil and Commercial Code
Section 1467, even if the name of the defendant owns a car registration. But the car registration is not a document of ownership. So it is not important documents for property (cars), according to the meaning of Section 1467, so the defendant to
sign the plaintiff is not a joint owner.
Judgment of the Supreme Court
962/2520.
The certificate of privilege (Miss. 3) is not an
important document to show that the person named in the book is The Civil and
Commercial Code, Section 1467 and 1474, so even though the first defendant is a
husband and wife together in the certificate of the defendant, the husband has
the power to distribute it alone. I do not need the
defendant's wife to name two sellers.
Judgment of the Supreme Court
2094/2518.
Before the Civil and
Commercial Code, 5 women have the right to request to sign the land title deeds
with the husband.
Section 1468. The
terms of the prenuptial agreement shall not affect the rights of any third
party. Honestly, whether the change was revoked by a court
order or not.
Judgment of the Supreme Court
6033/2541.
The plaintiff has agreed to
sell the land dispute to the defendant and the power of the defendant to the
first defendant to the land dispute as a defendant to purchase land disputes
from the plaintiff. The defendant's first sale of land
disputes to the defendant 4 and the defendant to the 4 land disputes for the
defendant to the 5 as well, as well as the plaintiff has no power to sue for
the revocation of the sale and mortgage.
The first plaintiff and the
plaintiff married in 1948, the first plaintiff bought the land dispute in 1961,
the land dispute is a Marital property. According to
Section 1462 of the former Legislative Decree No. 562,
which is the law that the plaintiff has land dispute. When
the plaintiff and the plaintiff did not appear that the first contract was made
before the marriage, the plaintiff is a second manager. Or
to deal with the plaintiff, so the plaintiff is still a manager of the debt. The Civil and Commercial Code No. 5, Section
1468. Dispute land is not the original of the plaintiff or
the second plaintiff surname acquired by the plaintiff. Give
or take Dispute and land disputes are not the plaintiff's claim that the first
plaintiff does not need the consent of the plaintiff before the first of the
provisions of Section 1473 of the land transaction law between the plaintiff
and the plaintiff to the first defendant is like. The
plaintiff's law 2 can not be filed for revocation.
The plaintiff sold the land to
the defendant and the defendant to sell the land dispute 4 to the defendant by
the defendant, the fourth plaintiff notified the plaintiff to leave the land
dispute, then the plaintiff has no right to land in the dispute. Go
The plaintiff is still in disputed land, so it is a violation. Fourth
defendant to defend the defendant, the defendant has the right to claim damages
from the plaintiff.
Judgment of the Supreme Court
2554/2539.
The plaintiff is married
spouse registered in 2510 registered to transfer the inheritance of land
disputes in 1970, land dispute is Marital property between the plaintiff and
the plaintiff and a part of the annuity under the Civil and Commercial Code,
Section 1466,1462, the former two paragraphs. At that time. When there is no premarital agreement between the plaintiff
and I agree otherwise. So it is the authority to manage
disputes. Land disputes with. According
to the Civil and Commercial Code, Section 1468,1473, paragraph one, although
the Civil and Commercial Code shall be promulgated. Section
5, as amended in 1976, the Act shall apply the provisions of Part 5 of the
Civil and Commercial Code. .Prof. Section
7 of the Seventh Act of 1972 provides for the management of the Marital
property. Therefore, only one person can dispose of the
disputed land without the consent. The plaintiff's wife.
Judgment of the Supreme Court
3481/2538.
Rights under the contract to
purchase land dispute that the plaintiff claimed that the acquisition in 1982
is the property of the Civil and Commercial Code, Section 99 originally when
the property acquired during the marriage is a Marital property, according to
the Civil and Commercial Code. New in 1976, Section 1474,
but the plaintiff married before the effective date. The
use of the provisions of Chapter 5 of the Reinsured that was paid in 1976. Section 7 stipulates that the provisions of the 5th Reparation
of the Civil and Commercial Code re-examined the end of
the Act. This does not affect the management power. The one that a spouse has already. And it
does not appear that the contract before the marriage is a manager of the
plaintiff, so the plaintiff husband is still a manager of the plaintiff under
the Civil and Commercial Code 1937, Section 1468, the plaintiff sued the
defendant to transfer the dispute. The contract is a land
dispute, which is. Marital property is for the benefit of
the bill, according to Civil Protection, BE 2477, Section 1469, which requires
the husband's consent before the plaintiff. If the
plaintiff's husband does not give consent without reason. The
plaintiff may request the court to order the license under Section 1937,
Section 1475.
The plaintiff filed a lawsuit
without the husband's consent. Considered a defect in the
ability to comply with Section 56 of the Civil Code. Both
courts prefer to order the plaintiff to correct defects in the capacity. To complete under Section 56 paragraph two before the two
lower courts do not return the case to complete. Therefore,
the Court of First Instance deemed it appropriate to order the plaintiff to
correct the defect in the matter. Ability to complete
before proceed.
Section 1469. A
contract relating to any property which the husband or wife has made between
husband and wife. Either party will be clear at any time
as husband or wife, or within one year from the date of absence of husband or
wife. It does not affect the rights of third parties who
act in good faith.
Judgment of the Supreme Court
3714/2548.
The plaintiff allowed the
defendant to have a joint name in the deposit account of the bank, which filed
the application open during the The plaintiff and the defendant are spouses. The plaintiff agreed to raise a private account of the
plaintiff in the account of 7,500,000 baht to the defendant is a contract of
property between husband and wife. The Civil and Commercial
Code, Section 1469, the right to a husband or wife, one party to clear the
contract, so when the plaintiff was told to clear the act of money to the
defendant. This is done while the husband is a wife. It is the right to be informed in accordance with such
provisions. This is a provision that protects the rights
of spouses in general who have entered into a contract. About
the property during the marriage. Under the influence of
affection or any other cause, they must be exploited not to be exploited or
wronged. The cause of the message is based on the
satisfaction of the provider. When the plaintiff, who is
offensive defendant. The plaintiff will exercise the right
to clear the law. Not in bad faith
Judgment of the Supreme Court
818/2546.
The plaintiff registered the
land 7 plots to the defendant, which is a spouse during the marriage. The property that the plaintiff made the defendant during the
husband. According to the Civil and Commercial Code,
Section 1469 provides for clearing the contract relating to the property that
the husband made. During that time, especially so. When the plaintiff wants to clear the contract for all land to
the defendant. If the provisions under Section 1469 are to
apply, the provisions of the Civil and Commercial Code, Section 535, which is a
general provision shall not apply.
Judgment of the Supreme Court
2039/2544.
The record that the plaintiff
made the defendant. The plaintiff and the defendant agreed
to divorce. But as long as it is not registered, the
husband must be considered husband. When the agreement is
related to property, it is a contract. The property that
was made to each other during the husband of one of the parties will be cleared. At any time as a husband or wife within one year from the date
of absence. Husband's wife According to the Civil and
Commercial Code, Section 1469 the defendant filed a statement that the
termination of the agreement. It is considered that the
intention to wash it. He is also a husband. The
plaintiff has no effect to the defendant. The court can
not judge the defendant to pay according to the memorandum to the plaintiff.
Section 1470. Property
between husband and wife. In addition to being separated
into private property, it is Marital property.
Judgment of the Supreme Court
8144/2548.
The plaintiff's request to
open a joint account with the defendant bank by the conditions for the
withdrawal of money from the account that the plaintiff and M must be signed
together to sign the payment of the account. It shows in
the contract of deposit between the plaintiff and the defendant, the plaintiff
is the withdrawal conditions as specified in the application to open a joint
account. The essence and condition that plaintiffs make
sure the plaintiff if the plaintiff. Do not sign the
withdrawal slip. No one will be able to withdraw money
from the account, so if there is a change to the withdrawal conditions, such as
this. It must be considered as a change in the substantive
part of the contract. Deposit between the plaintiff and
the defendant, if it is to change the terms of the plaintiff's claim that the
plaintiff is the plaintiff and will have to appear personally to the defendant
or make a power of attorney. officially The defendant that
the plaintiff and the plaintiff is a major customer and relieve the practice
without the need to provide. Both appear to express the
same wish to the defendant that it would be held that the defendant is intended
only to appease large customers to be convenient without holding.
Perform such a routine. The defendant is not used
as cautious as it is common and should be used in business. Its
commercial banks When the plaintiff's signature in the letter request to change
the terms of the withdrawal. Fake signature Employee of
the 1st defendant did not know that it was a fake signature, so it was approved
to change the conditions of the withdrawal. As such, it
must be considered that the defendant, a depositor, a commercial bank does not
use the skill as it is common to use. Another banker's
part in this one.
While the plaintiff with the m. Joint account with the defendant 1 and m. Submitting
a request to change the terms of the withdrawal from the account.
As well as the withdrawal of money from the same account to the
plaintiff is the same husband and wife. The property
between husband and wife shall be the property of the Civil and Commercial
Code, Section 1470 and if the case is suspected that any property is Marital
property or not under Section 1474, the second prescription is presumed to be Marital
property. If the money in the deposit account belongs to
the same plaintiff. There is no reason for the plaintiff
to determine the terms of withdrawals that must be signed to pay the two
together. The money in the deposit account is withdrawn as
a Marital property. The plaintiff has only one half, the
defendant is liable for damage to the plaintiff in this section.
Judgment of the Supreme Court
4714/2542.
Civil and Commercial Code,
Section 1470 that the property between husband and wife consists of personal
property and property. Means the property of husband and
wife while husband and wife at the death of the marriage between the plaintiff
and the end of the Civil and Commercial Code, Section 1501 compensation is due
to the death of the plaintiff. And was received after the
death, so it is not a sin between the plaintiff and the Civil and Commercial
Code, Section 1600 that the property of all kinds of death throughout the right. Duties and responsibilities are the legacy of the deceased. Such property or rights shall be the property of the deceased
at the time of the death of the deceased, but the right to receive compensation
shall be the right to arise. Because of death, not money
or claims that are already present during life or death, is not the property of
The Civil and Commercial Code, Section 1625, provides for the separation of
property between the deceased and the spouse. Living to
separate the legacy of the dead. The property of a living
spouse. The inheritance of the deceased is to be shared by
the heirs only, not the inheritance of the deceased, to the death of the
spouses of the deceased. The plaintiff has no rights in
the fund. The right to receive money Friends help friends
arise because of death. Is not money or claims that are
already present during life or death? Even if the way to get this money comes
from, it would have to be paid at the same rate as the other defendant's
employees to collect for the descendants of the deceased employee, not the
inheritance of the plaintiff. There is no right to request. Life insurance is money that results from a contract between
the deceased and a third party. The defendant to use the
money for the beneficiary due to the death of the dead. Life
insurance Contractual rights arise when the insurer dies. It
is not the inheritance of the deceased in the passage that the plaintiff is
entitled to share. The death warrant for the defendant,
not the spouse, is the beneficiary. To be enforced by the
Civil and Commercial Code, Section 897, paragraph two, specifies that only the
amount of premium. The insured has already sent it as an
asset part of the estate. Of the insured Creditors will
take the debt. The plaintiff did not claim the premium by
claiming in the indictment to claim life insurance is not a matter that is not
in the Court of First Instance. It is not a matter of
public order, according to the Code. Article 249,
paragraph one and paragraph two
Section 1471 of the Private
Property Act
(1) any party before marriage
(2) a personal accessory costume Or jewelry as the status. Or equipment necessary for the occupation or profession of the
spouse. Any party
(3) any party acquired during marriage by inheritance or by way of
(4) that is engaged.
Judgment of the Supreme Court
2424/2549.
The plaintiff asked to enforce
and seize the house, which is planted on the land of the defendant to the
plaintiff to pay the debt to the court. The petitioner
filed the petition with the Court of First Instance, claiming that the home is
the private property of the petitioner, not the sins of the defendant with the
petitioner. Even if the request is not claimed to be the
home that the singer acquired by inheritance with. Brothers
as claimed by the petitioner in the petition. But it is a
reference to the source to show that the house is a private property. The complainant, the plaintiff has no right to seize it. The applicant has the right to raise the claim in the petition. It is in the subject matter of the petition. It
is not a matter that is not raised in the Court of First Instance.
The plaintiff's house is taken
away from the auction, which is planted on the land of the petitioner. The property claimed by the claimant by the inheritance with
another heir of the petitioner's home is a personal property of the petitioner
under Section 1471 (3) of the Civil
and Commercial Code, not the property which the plaintiff has the right to
seize. And the petitioner as a whole owner will be
entitled to cover all the property. To claim the property
under Section 1359, it has the power to claim property.
Judgment of the Supreme Court
4650/2545.
Civil and Commercial Code,
Section 1532, provides for the separation of property between husband and wife
when divorced. Divorce by mutual consent or divorce by a
court judgment. When the plaintiff sued the defendant, and
divided the sins between the plaintiff and the defendant, then the defendant
would have the right to file a lawsuit between the plaintiff and the defendant. Even the Marital property, the defendant will be the surname
other than the plaintiff stated in the indictment. The
problem of divorce shall cease with the termination of marriage.
Plaintiffs argued that they
could not live together and separated from January 9, 1993 until the date of
the divorce, but the marriage between the plaintiff and the defendant to
terminate the marriage between the plaintiff and the defendant still exists
throughout the defendant. Authorized Married to a single
currency without the consent of the plaintiff. If the
defendant spent the money for the sake of their own interests alone. The plaintiff must request the defendant to reimburse. The point is to make redemption of the missing property in a
specific way, according to the Code. Civil and Commercial
Section 1534 so that the Court of Appeal ruled that the amount of Marital
property in the deposit account as a basis for thinking. Calculate
the share to hold the existing on the date the lawsuit was filed.
Income from beauty salon
1,000,000 baht. The plaintiff is not liable personally to
be refunded to the defendant. However, it must be returned
to the defendant when the loan is returned from the borrower. Defendant
does not appeal The problem of this money is terminated according to the Court
of First Instance. The Court of Appeal brought $ 1,000,000
to calculate the offset of the debt to the plaintiff divided half of the
defendant. I do not like it, but it is not about the way
to enforce the split. It is not a legal problem with the
public order. The Appeal Court has no authority to raise
its own judgment. Prohibited under the Code of Civil
Procedure, Section 246, Section 142 shall be deemed income from the salon. It is not possible to calculate the share of Marital property
because it has not been paid back by the borrower.
$ 100,000 of the defendant
when combined with the plaintiff's money to buy land and houses. It
is a land and a house that is purchased, so there is no money to be returned to
the defendant or the plaintiff.
The plaintiff and the
defendant jointly operated a beauty salon before the marriage. The
salon business is a property that the plaintiff and the defendant already. Marriage is a private property of the plaintiff and the
defendant under the Civil and Commercial Code, Section 1471 (1) Plaintiffs invest in the business 200,000 baht, the defendant
invested 100,000 baht. It is the private property of the
plaintiff and the defendant in proportion to the investment is 2 to 1.
The four apartments and the
defendant's apartment were transferred after the plaintiff's defendant
registered the marriage, and the down payment of the land and apartments of the
defendant to pay. Defendants withdraw money from bank
accounts. The private property of the defendant. But the money in the account of the income from the salon
business included. The income is a Marital property
between the plaintiff and the defendant can not separate that. Which
is the private money of the defendant. Where is the money?
As such, it can not be heard that the private money of the defendant mixed up. What is the down payment of the land and the four suites?
Therefore, it must be assumed in accordance with the Civil and Commercial Code,
Section 1471. The bottom line is that the down payment is Marital
property with four land and apartments. This is the full
number of sins that must be distributed to the plaintiff defendant in half.
Bank deposit accounts include
income from salon business. We can not distinguish how
much money each part, so we have to assume the assumption. According
to the law, the money in this account is a sinister, so when the defendant
withdraws money in the account to open a fixed deposit account. The
deposit in this new account is a Marital property to split the defendant half
the defendant. Same as
The court ruled that the
deposits in both accounts are still available. Only one
account in the amount of 211,562.61 US dollars, which must
be divided into half. The plaintiff appealed that the
money in the account has been withdrawn after some days to sue. Installment
Payment Land, cars and condominiums The account is only 39,169.08
baht, the defendant did not argue. The money that was withdrawn
was used incorrectly when the deposit in the account. The
marriage and the marriage between the plaintiff and the defendant has not ended. The plaintiff is still entitled to manage the Marital property
in the currency alone. The consent of the defendant by the
withdrawal of the bank even after the lawsuit, so it must hold the amount of
money, as the plaintiff and the defendant admitted without. Disagreement
will go back to the amount of money actually existed.
Judgment of the Supreme Court
8227/2540.
The first plaintiff was a
husband before the Civil and Commercial Code, 1937 passed away on April 13,
1992, the court ordered the plaintiff's second estate manager. G. During live H has signed a contract to buy land with a
townhouse from the defendant. After that, the land with
townhouses No. 10/141 to the second
defendant and the buyer will change the land and townhouse. When
it is not apparent that during the marriage, the plaintiffs 1 and C were
divorced together with the inherited property. The case is
so suspicious. It must be assumed. The
estate is a Marital property according to the Civil and Commercial Code,
Section 1474 as follows. It was from the sale of the land
and then deposited to the bank. When it comes to property
after the Civil and Commercial Code Book 5, which was re-examined
in 1976, then apply. The Civil and Commercial Code 5,
which has been re-examined. 2519,
which is the law that was used at that time to apply the law of the spouses. The GHB is the property of the SCB. The
interest is the interest of the Marital property to buy the land and the
townhouse dispute. Such property is the property of the
plaintiffs 1 and C. The management of the Marital property
is subject to the consent of the other spouse. According
to the Civil and Commercial Code, Section 1480 of the land with the townhouse
dispute to the second defendant without the consent of the plaintiff, the first
spouse of the plaintiff requested the revocation of land transfer law and. Townhouse between With the second defendant.
Judgment of the Supreme Court
185/2536.
The defendant was given the
land after the enactment of the Act, the provisions of Section 5 of the Civil
and Commercial Code. The new check in 1976 when the letter
did not specify that the land is a defendant must be considered the defendant. Be private According to the Civil and Commercial Code, Section
1471 (3), the defendant has the
authority. According to the Civil and Commercial Code,
Section 1473, the defendant entered into a compromise agreement for the benefit
of the plaintiff. The land without the consent of the wife. So binding defendant. Compromise
Agreement There is an agreement that the defendant will register the land as a
pledge to the plaintiff as a contract. I am in the dispute. When the defendant failed to comply with the contract. The plaintiff sued the defendant to be registered.
Section 1472. If
the exchange is another property, it is. Buy another
property. Or sell it as well. Another
property or money is personal property.
All personal property
destroyed or partially destroyed. But other assets or
money to replace. Another property or money is personal
property.
Judgment of the Supreme Court
3786/2546.
The issue of divorce is a
matter of cohabitation. But the question of dividing the Marital
property in the case after the lawsuit against the property. Is
the property a Marital property? It is a separate case, although the result of
divorce proceedings, but it is necessary to request a divorce. Married
with a divorce case. There is no law that requires that a
lawsuit be filed to divide the Marital property together with the divorce filed
by the defendant to divide the Marital property is not sued under the Code. Considering Civil Procedure, Section 173, Paragraph 2 (1)
Land that the defendant holds
with the defendant brother. The property before the
defendant is married to the plaintiff. This is a private
property of the defendant. And the exchange of land
dispute. 2 The new property acquisition is a private
property of the defendant. Because it is the land to
replace the original. Under the Civil and Commercial Code,
Section 1472, paragraph one.
Plaintiff's plaintiff's money
down to the Volvo car while the defendant plaintiff. Not
divorced The defendant also benefited from the presumption of law under the
Civil and Commercial Code, Section 1474, paragraph two that the suspected
property is not Marital property. It is assumed that Volvo
cars are a status of Marital property. The defendant must
receive half the share.
At the end of the defendant's
counterclaim. The defendant divided half of Marital
property. When the Volvo car is a Marital property and the
defendant divorce, then like to divide. Married to the
plaintiff and defendant have equal. According to the Civil
and Commercial Code, Section 1533, if the division can not agree, then the Marital
property to
sell the money to sell. Divided by section If you can not
share a sinus car, then the plaintiff used to return the rent. Half
paid
