LEGAL PROBLEMS, CASE STUDY : LAND AND IMMOVABLE
DOI:
https://doi.org/10.14456/nrru-rdi.2021.25Keywords:
Legel problem, Law redemption, Act., Civil and commercial code, Land and immovableAbstract
The objective to study the development, measure, and seek guidelines to the legal problem of redemption to the purchased price for land in Thailand. The qualitative research through the documentary research method, a synthesis form of law with a content congruence of 0.82 is used. Data was collected from the theoretical concepts about the law and presented through the descriptive methods and accompanying tables.
The research results that the overall picture of the development of law in Thailand and abroad, which is similar to the law of redemption for land in Thailand and abroad currently in force. It may not respond to the capitalist economy causing informal debt. The resulted in a continuous crisis of loss of land, and the solutions found are Improving the law on the redemption of the land. By providing legal measures on the minimum deposit price control criteria that counterparties gain the benefit, comparing the appraisal price according to the central standard of the Department of Lands are needed. Also, the timing of redemption is linked to the consignment price by setting the minimum time frame as a compulsory measure, taking the deposit purchase price as the essential consideration. So, to maintain the balance of rights and justice in the interests of society, a royal decree, regulation, or regulation can be practiced in the way of the secondary law.
References
Anantawittayanon, R. (2018). Civil and Commercial Code Criminal code. Phtum Thani : Skybooks. (In Thai)
Arayawut, D. (2017). “Informal debt” How to Manage Fair and Sustainable?. Retrieved July 12, 2019, from https://gnews.apps.go.th/news?news=2884 (In Thai)
Boonliang, D., Thakaew, K., Senacharoen, P., & Sriwichit, P. (2017) The legal problems to reduce the agriculturists’ land loss. Research and Development Journal, Loei Rajabhat University, 12(42), 12-22. (In Thai)
Cosananan. (2009). Philosophy of Law. Bangkok : Ramkhamhaeng University. (In Thai)
Division of Assistant Justice of the Supreme Court. (2017). Judgment of the Supreme Court No. 1265/2016. Retrieved July 12, 2019, from https://deka.in.th/view-596123.html (In Thai)
Governmant Gazette. (2019). Act Protect the people in Land sale contract for agriculture or housing B. E. 2562. Chapter 136, Section 50 A, 16 April 2019. (In Thai)
Jatupittaporn, R. (2017). The exercise of redemption of property sale contracts in place at the property placement office. Journal of Legal Execution Department, 21(111), 3. (In Thai)
Jiraphak, W. (2013). Problem with unfair contract term: Study in parking lot contract. A person academic decument of Senior executives on justice administration. Justice College, Office of Court of Justice. (In Thai)
Khownsamakhom, D. (2017). Research writing, independent research thesis in jurisprudence, and academic article writing techniques. Bangkok : Winyuchon. (In Thai)
Kurusuwan, R. (2012). Principles of Private Law (2nd ed.). Bangkok : Sutra Phaisan. (In Thai)
Larry, B., Christensen, J., Burke, R., & Turner, L. A. (2014). Research Methods, Design, and Analysis with Mysearchlab, Global Edition. London : Person Education Limited.
Mallikamal, S. (2012). Research Science I Law (9th ed.). Bangkok : Chulalongkorn University Press.
Ministry of Justic. (2018). The meeting report of the National legislative assembly No. 89/2018, Wednesday December 26, 2018. In Legal Reflection. Retrieved July 12, 2019, from https:// www.senate.go.th/view/93/ (In Thai)
Nilprapun, P. (2010). Law on Foreign Public Assembly. Administrative Law Journal, 27(1), 14. (In Thai)
Phromcharn, W. (2015). The legal issues concerning sale with of redemption: A comparative study of the Kingdom of Thailand and Lao People’s Democratic Republic. Thesis, Master of Law Program in Mae Fah Luang University, Chiang Rai. (In Thai)
Punphan, P. (2005). Explanation of the Civil and Commercial Code On sale (Comparative law: English, French, German, Japanese) (4th ed., revised). Bangkok : Nittiham. (In Thai)
R. Langat. (1983). History of Thai Law Vol. 2. Bangkok : Thai Wattana Panich. (In Thai)
Shimoji, I. (1998). Agricultural Reform and Changes in the Structure of Ownership of Agricultural Land in Japan. In Agricultural Land Tenure Systems, (pp. 11-20).
The Civil and Commercial Code. (1998). Act Amending the Civil and Commercial Code (No. 12), B. E. 2541.
Retrieved July 12, 2019, from https://www.lawphin.com/detail/law/civil_and_ commercial_code-494 (In Thai)
Zweigert, K., & Kotz, T. (1992). Introduction to comparative law. Oxford : Clarendon press.
