The right of the temple to heritage of the monk to the law

Abstract

              There are over 40,000 temples in Thailand. It shows how extreme belief of Thai Buddhist are, this belief bring a lot of money and various properties to the temples. But somebody often seek to benefits from the belief as device, so it make confused on their properties that the monk gets from donations while ordained; what legal standing of donate properties is, and all temple rights in succession of the monk also.
                This article aim for legal study in being law issue and search for any gap may influenced the social, under analyzed Civil and Commercial Code as the law related, found the conclusion below; 1. Right of monk in his donate properties by the law was gratuitous act, devolved on either the temple or monk as donor’s will.
              2. Right of monk succession, law limits the monk who needs to claimed estate as statutory heir was left the monkshood first, It seem appropriated with legal moral.
             3. Succession of the monk by law consider separated when the monk get donate properties. If he got it before ordain, his estate devolved on the heirs, but he got it after ordained, his estate devolved on the domicile temple except he distribute another way. This exceptional does not in accordance with donor’s will that prefer devolve on the temple. This gap can makes the bad monk seek to private benefits from the temple. Therefore, the law on succession ought to modify become devolve on the temple even had exceptional. This rule is due process of donor’s will and cut down the gap of seek to private benefits from the temple, and bring to sustainable carry on Buddha forever.