Mortgage Enforcement on Right Over Leasehold Asset

Abstract

              The purpose of this research were to study and to analyze the issues of mortgage enforcement on the right over leasehold asset about the enforcement of mortgages on right over leasehold assets. The right to the right over leasehold asset is mortgage enforcement by putting the mortgaged property to auction or by forcibly removing the mortgaged property. with the RIGHTS OVER LEASEHOLD ASSET ACT B.E. 2562.  and related Thai and international laws. The information for this documentary research was gathered through browsing the internet for information on texts, books, academic papers, relevant academic publications, research, and theses. The results founded that the RIGHTS OVER LEASEHOLD ASSET ACT B.E. 2562 has the legal measures related to the enforcement of mortgages with the right over leasehold asset still lack details, methods, and clarity regarding the mortgage enforcement on the right over leasehold asset. The right to the right over leasehold asset is mortgage enforcement by forcibly removing the mortgaged property. And mortgage enforcement by taking right over leasehold asset to auction.This is the case where the rules set forth in the Civil and Commercial Code cannot be applied. Suggestions for amending the RIGHTS OVER LEASEHOLD ASSETS ACT B.E. 2562 by adding Sections 12/1- 12/4 to indicate the amount of mortgage   rights protected for specific assets. In addition to Sections 12/5- 12/7, which stipulate regulations for mortgage enforcement by taking the mortgaged property as a right to the right over leasehold asset in particular. The Ministry of Justice was the final to release regulations for the appraisal of the right over leasehold asset B.E...... to be used for the appraisal of prices for the auction of the right over leasehold asset particularly. There are definite regulations and procedures that can be followed in practice to attain legal results when it comes to mortgages enforcement on the right over leasehold asset.