LEGAL MEASUER FOR REDEMPTION UNDER THE PROTECTION OF PERSONS FROM REPURCHASE AGREEMENTS FOR AGRICULTURAL OR RESIDENTIAL LAND B.E. 2562

Abstract

The study results found that legal transaction of repurchase under the Protection of Persons from Repurchase Agreements for Agricultural or Residential Land B.E.2562 (2019) had a law enforcement problem in the process of redemption that assists buyers who have more economic bargaining power can take advantage of repurchasers. When the redemption period reaches its expiration according to the agreement and repurchasers are unable to get money for redemption, buyers shall ask for any benefits in exchange for extending the redemption period, including determining a repurchase price beyond the agreement that is higher than the amount prescribed by the law. Extension of repurchase period must be registered in the presence of the officer. In case of force majeure, it is unable to extend redemption period from repurchase or to make redemption from repurchase. Besides, the determination of a place to pay off debt according to the Protection of Persons from Repurchase Agreements for Agricultural or Residential Land B.E.2562 (2019) has no explicit guidance in case buyers refuse to implement the registration of redemption and refuse to return the certificate of ownership to repurchasers, which does not meet the intention of the Protection of Persons from Repurchase Agreements for Agricultural or Residential Land B.E.2562 (2019).

This research viewed as proper to propose a guideline for solving the enforcement problem of the legal measure for redemption under the Protection of Persons from Repurchase Agreements for Agricultural or Residential Land B.E.2562 (2019).The amendment shall be made to the scope of the enforcement in the case of the type of contract for extending the redemption period , The redemption to extend period from repurchase and In the case of using the right of redemption by placing assets and relevant regulations to be compliant with and facilitate the practical principles to ensure the law is more explicit and concise In the case where the repurchasers in a place to pay off debt and the buyers does not return the land title certificate to the repurchasers, without a gap causing a problem in using discretion, providing benefits to the use of this legal measure for redemption under the Protection of Persons from Repurchase Agreements for Agricultural or Residential Land B.E.2019 in a correct and complete manner.