สิทธิของทายาทโดยธรรมที่เป็นคนต่างด้าว ในการสืบทอดมรดกที่ดิน ภายใต้กฎหมายของสาธารณรัฐประชาธิปไตยประชาชนลาว

Abstract

The objective of this article was to study the legal measure regarding Land Law of 2003 and Executer and Trustee Law of 2008 of Lao People’s Democratic Republic (Lao PDR.), in case of the land inherit rights preservation of the foreigner heir including the duty and rights to sell the inheritance land of the executor issue in order to analyze and conclude as the recommendation to amend the certain laws, improving justification and clarity to serve the society by researching documents related to laws both Thai and foreign languages in order to find conclusive analysis on the certain matter.

The study found the issue to be originated from 2 issues which were, first, the problem in the Article 5 of the Land Law of 2003 which allow the land to be inherit but not covering the foreign heir. Second, the issue of in Executor and Trustee Law of 2008 Article 54 which specify the rights and duties of the executor, the authority assigned by the law was insufficient to the foreign heir to gain inheritance of the land, because in doing so, the executor was required to have the rights to sell the property then transfer the benefit to the rightful heir. These issues prevented the foreign heir to inherit the land or gain substantial benefit from it.

Therefore, the Land Law of 2003 of Lao PDR., need to be amended to include the period in which the proprietary rights of the foreign heir was maintained for transfer into other kind of assets such as money. Also, the Executor and Trustee Law of 2008 of Lao PDR., needed to be amended to include the rights to sell the inheritance for money or other properties then transfer the benefit to the foreign heir. The resolution mentioned would improve the clarity and justification of the law to the foreign heir.