CASE STUDY OF PRINCIPLE OF ADINNADANA AND THE OWNERSHIP OF ESTATE OWNEL BY HOSTILE POSSESSION

Abstract

           The objectives of this thematic paper are to study the principle of adinnadana (not taking other property) in Theravada Buddhist literature and the law related with ownership of estate owned by hostile possession, and to do analytical study of the criteria of the adinnadana’s principle and that of the law related with ownership of estate owned by hostile possession.
          This research is conducted based on qualitative research methodology, collecting the data from the Pali Canon and Pali commentary, academic paper, the Civil and Commercial Code, and related document, concluded with analytical approach. The result of the study found that the principle of adinnadana in Theravada Buddhist literature was one of the regulations code (vinaya) of the Parajika offence unit 2, as depicted in the Vinaya Pitaka (disciplinary code) Mahavibhanga part 1 and also it was one of the five precepts.
           In the case of the matter of law regarding hostile possession was related with section 1382 of the Civil and Commercial Code which described thus, a person who owned other property openly with intention to take, if it is the immoveable property owned continuously over 1o years or if it is the moveable property owned continuously over 5 years, a person could be considered as the owner of those properties.
           Ownership of Estate Ownel by Hostile Possession was the possession of the other people’property which had not been abandoned by the owner and consented ownership to othe. The owner was merely unaware those properties. Even though the ownership of estate ownel ownel by hostile possession was legally established by law, in Buddism, one possessed the other people’s property with doubts and of more or lass value of estate. Delegated legislation of the section 1382 of Civil and Commercial Code could be considered as a contradictory with Adinnadana in Theravada Buddhism.