cheeryble Posted February 24, 2014 Posted February 24, 2014 Hmmm this one could be interesting. I have previously posted I know of a man who had a wife turn sour who went through the courts to cancel a buy as he later "realised" he was married and shouldn't have done it. It worked but was a long complicated journey of which I have no idea of the details. Sent from my iPad using ThaiVisa app
kimmy Posted February 24, 2014 Posted February 24, 2014 If you have seen this done, I would not dispute it but would love to know under what law or ministerial regulation this was done or why the officials registered the leases or usufructs at all, if they considered them unlawful agreements that can be cancelled unilaterally by the lessor. The lessee could sue them in the Administrative court for unlawfully cancelling the agreement or for registering an unlawful agreement without disclosing it was unlawful and could be cancelled. Incidentally, in what capacity did you witness this at the land office? Sent from my iPhone using Thaivisa Connect Thailand Why do you say it can be voided if there is evidence of coertion or the use of undue influence? or are you referring to a situation before marriage? If it is created during the marriage you do not need anything to have it voided. The simple reason is that personal and common property is governed by the civil code sections of property of husbans and wife. Under these sections, If your wife gives away or burdens her personal property for the benefit of her husband during marriage she can change her mind at any time without reason during the marriage or within 1 year after the marriage has ended. No reason has to be given other than that she has to proof it is her personal property. 1
kimmy Posted February 24, 2014 Posted February 24, 2014 If you have seen this done, I would not dispute it but would love to know under what law or ministerial regulation this was done or why the officials registered the leases or usufructs at all, if they considered them unlawful agreements that can be cancelled unilaterally by the lessor. The lessee could sue them in the Administrative court for unlawfully cancelling the agreement or for registering an unlawful agreement without disclosing it was unlawful and could be cancelled. Incidentally, in what capacity did you witness this at the land office? Sent from my iPhone using Thaivisa Connect Thailand What do you think of section 73 of the land code act 'if the legal act to be recorded by the parties appears voidable the competent authority shall record it when the party who may be damaged thereby insists'. It is not uncommon that they register void or voidable acts.
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