Legal Problems on Law concerning the Utilization of Immovable Property Rights: A Study on the Entitlement over Immovable Property Act B.E.2562

Abstract

To encourage and support the investment in Thailand and boost Thai economic, the hire of immovable property is the way for the investors to carry on the business or using for residential purpose. However, the hire of immovable property in Thailand is restricted by Civil and Commercial Code (“CCC”) and the Lease of Immovable Property for Commercial and Industrial Purpose Act B.E.2542 (1999) (“The Lease of Immovable Property”), which those laws have the provisions to limit the utilization of immovable property, for example the objective of utilization the immovable property is too limit or restriction on the tenant’s right etc. Therefore, the government by Ministry of Finance announced the Entitlement over Immovable Property Act B.E.2562 (2019) (“the Entitlement Act”), so called “Sub-Ing-Sithi” in Thai which shall be another option for the investors to utilize the immovable property by providing more rights to the holder of Entitlement. In consequence this law shall support and encourage investment by attract both Thai and foreign investors to carry on business in Thailand and increase the economic growth as well.

Although, the Entitlement Act provides the opportunity and encourage business section but the provisions under this law might not be conform to its objective and support related party. This research shall consider the problems may occur from this law by studying the law concerning leasehold in other countries. Also the writer shall analyze those problems and hinder under this law, including its possibility to utilize this law in the real situation.