The Problem of Understanding the Purpose of Sale of Real Estate with the Right of Redemption under the Provisions of the Civil and Commercial Code (in Thai)

Abstract

Sale contract with redemption agreement is a contract that can track back to the Ayutthaya era. In the age, This contract develops in the same line with the loan and security contract. By the development process, Sale contract with redemption agreement is classified and use as a type of loan contract. However, the purpose of this contract under the Thai legal system is contrasted with international practice especially when compared with Germany, Japan, and France; the three countries that Thailand uses their legal system as a framework to develop the Thai Civil and Commercial Code. The researcher, therefore, has conducted this research to study problems and guidelines for correcting and improving the law on sale of real estate with the right redemption in Thailand by using qualitative research methods from relevant documents in both Thai and foreign languages. According to the study, the purpose of sale with a redemption contract in Thailand contrast with the purpose in another country where thy use this contract as a sale contract with special agreements, due to the historical background of the contract. Therefore, the author considers that correcting the misunderstanding of the purpose of the contract of sale with the right of redemption is impossible. The solution proposed by the provision for the sale of real estate in the Civil and Commercial Code, it is the most reasonable thing to do.