Use of Leasehold under Accordance to Rights over Leasehold Assets as Collateral.

Abstract

The objective of this article is to examine legal concepts, theories, principles, problems, obstacles, and the enforcement of laws related to the rights to use land with title deeds, excluding condominiums, under the law on property as collateral for loans. The study uses a document research method to identify and address the shortcomings in the current legal framework and proposes amendments to enhance the suitability and effectiveness of law enforcement.

The Rights Over Leasehold Asset Act B.E. 2019, while incorporating general legal principles, exhibits differences in enforcement and applicability, especially concerning certain types of property and specific limitations. This law was enacted to address existing deficiencies and to facilitate the use of property as collateral for loans, thereby encouraging foreign investment and property development.

Given the increasing integration of leasehold rights into the financial system, there is a need to amend the Rights Over Leasehold Asset Act B.E. 2019 to ensure it aligns more closely with its intended purpose. The proposed amendments would enhance the legal rights associated with land use and allow for the enforcement of other relevant laws affecting leasehold properties, thus fostering greater consistency and legal coherence.