IMPROVEMENT GUIDELINES LAWS ON THE PRINCIPLE OF ALLOCATION OF INHERITANCE TO STATUTORY HEIRS OF THAILAND

Abstract

Currently, the Civil and Commercial Code of Thailand sets no principle to protect the inheritance for statutory heirs, in particular, children, parents, and spouses. This means that their rights may be deprived of inheritance by will according to the freedom to make legal acts, resulting in assets belonging to the legatee of the testment who may not be a legitimate heir, in which the heirs of the deprived inheritance cannot make any arguments, except in the case of arguing that the will is unlawful. To be consistent with the roles and duties of each member in the family, with the theory of functional structure important to society as a system where various parts must work together to achieve balance, and in the functioning of the family institution as an important element, this forms inheritance laws in France,

United States, and Germany which is the princile that limits freedom to do legal acts which is called, "Principles of Seting Aside Inheritance for the Statutory Heirs"

In the future, the Civil and Commercial Code of Thailand should revise its principles to set measures by imposing restrictions on the power to make juristic atcs so as to pass on the asset of the deceased with reasonable limits and set aside the inheritance to provide protection to the statutory heirs, in particular, children, parents, and spouses, who may be affected in spending the rest of their lives in order to guarantee their well-being in case of death of the deceased.