Development of Real Estate Rental Law Under the Lease of Real Estate for Commerce and Industrial Property Act B.E. 2542

Main Article Content

Wachinee Yodpanya
Charan Lengvithaya

Abstract

This academic article aims to analyze the legal problems that impede the development of the real estate rental law under the Lease of Commercial and Industrial Property Act B.E. 2542 by applying the concept of law development theory, sacred principles in expressing the intention and principle of freedom of contract, land tenure concept, land lease market concept, concept related to the lease period, investment promotion concept, private investment in public enterprise and the government’s investment promotion policy as a framework for analysis.


The results of the analysis showed that the development of the real estate rental law under a the Commercial and Industrial Property Lease Act B.E. 2542 to comply with the practice and enable the legal mechanism to revive the national economy and promoting the registration of the lease of real estate property under this Act, development is needed to solve the 4 problems as follows: (1) problems on rules, methods, and rental conditions (2) problem on rules for lease of more than one hundred Rai (160,000 square meters) must be approved by the Director General of the Land Department (3) problem on determining the lease period and (4) problem on applying the lease as security or mortgage.

Article Details

How to Cite
Yodpanya, W., & Lengvithaya, C. (2020). Development of Real Estate Rental Law Under the Lease of Real Estate for Commerce and Industrial Property Act B.E. 2542. Ph.D. In Social Sciences Journal, 10(3), 557–570. Retrieved from https://so05.tci-thaijo.org/index.php/phdssj/article/view/172591
Section
Academic Article

References

Khantarak, M. (2000). International business (6th ed.). Ramkhamhaeng University Press. [In Thai]

Office of the National Economic and Social Development Council. (2016). The twelfth national economic and social development plan (2017-2021). Retrieved from https://www.nesdc.go.th/ewt_dl_link.php?nid=6422 [In Thai]

Phanutama, N., & Chanthapoon, W. (2015). Investment promotion policy in potential border zone: Chiang Khong District, Chiang Rai province. The Thailand Research Fund. [In Thai]

Post Today Editors. (2017). Land for 99 years lease, not easy investment. Retrieved from https://www.posttoday.com/economy/news/491547 [In Thai]

Terat, C. (2018). Legal development. Retrieved from https://www.opdc.go.th [In Thai]

Thirawat, D. (2003). Contract law: New status of current contracts and unfair contract issues (2th ed.). Thammasat University Press. [In Thai]

Sajjanand, S., Srisaowalak, O., Karawek, S. (2016). Complete report of the study the status of agricultural land tenancy in Thailand. The Thailand Research Fund. [In Thai]

Sopa, S., Vutiso, P., & Rueharn, C. (2015). Right hiring lead of Immovable property become settlement guaranty. EAU Heritage Journal Social Science and Humanities, 5(1), 203-209. [In Thai]

Sotthibandhu, S. (2020). Explanation of legal principles-contracts (23th ed.) Winyuchon. [In Thai]

Subsaeng, P. (1999). Commercial and industrial real estate rental. Home and Land Cycle, 9, 10-16. [In Thai]

State Enterprise Policy Office, Ministry of Finance. (2016). Private Investments in State Undertakings Act 2013 and subordinate laws. Retrieved from http://www.ppp.sepo.go.th/tinymce/plugins/filemanager/thumbs/PPP/LAwJune2016.pdf [In Thai]

Strategic Studies Center, National Defence Studies Institute. (2018). Academic document on guidelines for the development of the Thai Army to support the policy of Thailand 4.0. Author.

The Royal Institute Dictionary 2011. (2003). Nanmeebooks.