Thailand Civil and Commercial Code Sections-1367-1434
TITLE III
POSSESSION
Section 1367 A person acquires possessory right by holding a property with the intention of holding it for himself.
Section 1368 A person may acquire possessory right through another person holding for him.
Section 1369 A person who holds a property is presumed to hold it for himself.
Section 1370 A possessor is presumed to possess in good faith, peacefully, and openly.
Section 1371 If it is proved that a person possessed the same property at two different times, it is presumed that his possession continued during the interval.
Section 1372 It is presumed that a possessor has, in law, the right which he exercises over the property possessed.
Section 1373 Where property is an immovable entered in the land register, the person whose name is on the register is presumed to have possessory right over it.
Section 1374 Where a possessor is disturbed in his possession by unlawful interference, he is entitled to have the disturbance removed. If further disturbance is apprehended, the possessor may apply for an injunction. An action for removal of disturbance must be entered within one year from the time of the disturbance.
Section 1375 Where a possessor is unlawfully deprived of possession, he is entitled to have it returned, unless the other party has a better right over the property which would entitle him to claim it back from the possessor. An action for recovery of possession must be entered within one year from the time of dispossession.
Section 1376 Where property is to be returned to the person entitled to recover it, the provisions of Sections 412 to 418 of this Code concerning Undue Enrichment shall apply mutatis mutandis.
Section 1377 Possession comes to an end if the possessor abandons the intention to possess or no longer holds the property. Possession does not come to an end if the possessor is prevented from holding the property by some cause which is temporary in its nature.
Section 1378 Transfer of possession is effected by delivery of the property possessed.
Section 1379 Where property is already held by the transferee or his representative, the transfer of possession may be effected by a declaration of intention.
Section 1380 Transfer of possession is effected when the transferor, while continuing to hold the property, declares an intention to hold it thenceforward on behalf of the transferee. If the property is held by his representative, the transfer of possession may be effected by the transferor directing such representative thenceforward to hold the property on behalf of the transferee.
Section 1381 Where a person holds property as a representative of the possessor, he may change the nature of his holding only by notice to the possessor that he no longer intends to hold the property for such possessor or by becoming in good faith, through the act of a third person, possessor under a new title.
Section 1382 Where a person has, for an uninterrupted period of ten years in the case of an immovable, or five years in the case of a movable, peacefully and openly possessed a property belonging to another, with the intention to be its owner, he acquires the ownership of it.
Section 1383 The ownership of property obtained through an offense may be acquired by the offender or a transferee in bad faith by prescription only after the expiration of the period provided for prescription of the offense or of the period fixed by the foregoing section whichever is longer.
Section 1384 Possession shall not be deemed interrupted if the possessor involuntarily loses the holding of the property and recovers it within one year from the date of the loss or by means of an action instituted within that time.
Section 1385 Where possession is transferred, the transferee may add the period of the transferor’s possession to that of his own; in which case any defect in the possession of the transferor may be set up against the transferee.
Section 1386 The provisions of this Code concerning Prescription shall apply mutatis mutandis to acquisitive prescription under this Title.
TITLE IV
SERVITUDE
Section 1387 An immovable property may be subjected to a servitude by virtue of which the owner of such property is bound, for the benefit of another immovable property, to suffer certain acts affecting his property or to refrain from exercising certain rights inherent in his ownership.
Section 1388 The owner of the dominant property is not entitled to make any change, either on the servient or on the dominant property, which increases the burden of the servient property.
Section 1389 Changes in the requirements of the owner of the dominant property do not entitle him to impose an additional burden on the servient property.
Section 1390 The owner of the servient property must refrain from any act which will tend to diminish the utility of the servitude or make it less convenient.
Section 1391 The owner of the dominant property is entitled, at his own expense, to do all that is necessary to preserve and make use of the servitude. He must, in doing so, cause as little damage as possible to the servient property. However, if the owner of the servient property benefits by the work, he must bear a share of the expenses in proportion to the benefit which he receives.
Section 1392 Where a servitude affects only a part of the servient property, the owner of that property may, by showing that the charge would benefit him and by undertaking to bear the cost of it, require that the servitude be relocated to another part of his property, provided this would not be less convenient for the owner of the dominant property.
Section 1393 Unless otherwise provided in the act creating it, a servitude follows the dominant property when the latter is disposed of or made subject to other rights. A servitude cannot be transferred or made subject to other rights apart from the dominant property.
Section 1394 In case of a division of the servient property, the servitude continues to burden each part. However, if the servitude cannot be exercised over any particular part and could not naturally be exercised over it, the owner of such part may demand to be relieved from it.
Section 1395 In case of a division of the dominant property, the servitude continues to exist for the benefit of each part. However, if the servitude cannot be exercised for the benefit of any particular part and could not naturally be exercised for its benefit, the owner of the servient property may demand to be relieved from the servitude with respect to such part.
Section 1396 Servitudes acquired or exercised by one of the co-owners of the dominant property are deemed to have been acquired or exercised by all co-owners.
Section 1397 Servitude is extinguished by the total destruction of the servient or dominant property.
Section 1398 If the servient and dominant properties are vested in one and the same owner, such owner may have the registration of the servitude cancelled; until such cancellation, the servitude continues to exist with respect to third persons.
Section 1399 Servitude is extinguished by non-usage for ten years.
Section 1400 Servitude is extinguished if it has ceased to benefit the dominant property. However, it revives if the conditions permit its enjoyment again, provided that the period of prescription specified in the foregoing section has not elapsed. Where the servitude still benefits the dominant property, but the benefit is insignificant compared to the burden on the servient property, the owner of the servient property may, by payment of compensation, obtain total or partial relief from the servitude.
Section 1401 Servitude may be acquired by prescription; the provisions concerning acquisitive prescription as described in Title III of this book shall apply mutatis mutandis.
TITLE V
HABITATION (ARSAI)
Section 1402 A person who has been granted a right of habitation (arsai) in a building is entitled to occupy such building as a dwelling place without paying rent.
Section 1403 A right of habitation may be created either for a period of time or for the life of the grantee. If no time has been fixed, such right may be terminated at any time by giving reasonable notice to the grantee. If granted for a period of time, the period may not exceed thirty years; if a longer period is stipulated, it shall be reduced to thirty years. The grant may be renewed for a period not exceeding thirty years from the time of renewal.
Section 1404 The right of habitation is not transferable even by way of inheritance.
Section 1405 Unless the right of habitation is expressly limited to the benefit of the grantee personally, the members of his family and his household may dwell with him.
Section 1406 Unless expressly forbidden by the grantor, the grantee may take such natural fruits or products of the land as are necessary for the needs of his household.
Section 1407 The grantor is not bound to maintain the property in a good state of repair. The grantee cannot claim reimbursement of expenses made by him for improvements to the property.
Section 1408 When the right of habitation comes to an end, the grantee must return the property to the grantor.
Section 1409 The provisions of this Code concerning Duties and Liabilities of the Hirer, as specified in Sections 552, 555, 558, 562, and 563, shall apply mutatis mutandis.
TITLE VI
SUPERFICIES
Section 1410 The owner of a piece of land may create a right of superficies in favor of another person by giving him the right to own, upon or under the land, buildings, structures, or plantations.
Section 1411 Unless otherwise provided in the act creating it, the right of superficies is transferable and transmissible by way of inheritance.
Section 1412 A right of superficies may be created either for a period of time or for the life of the owner of the land or the superficiary. If created for a period of time, the provisions of Section 1403, paragraph 3, shall apply mutatis mutandis.
Section 1413 If no period of time has been fixed, the right of superficies may be terminated at any time by either party giving reasonable notice to the other. But when rent is to be paid, either one year’s previous notice must be given or rent for one year paid.
Section 1414 If the superficiary fails to comply with essential conditions specified in the act creating the superficies or, when rent is to be paid, fails to pay it for two consecutive years, his right of superficies may be terminated.
Section 1415 The right of superficies is not extinguished by destruction of the buildings, structures, or plantations, even if caused by force majeure.
Section 1416 When the right of superficies is extinguished, the superficiary may take away his buildings, structures, or plantations, provided he restores the land to its former condition. If instead of permitting the removal of the buildings, structures, or plantations, the owner of the land notifies his intention to buy them at market value, the superficiary may not refuse the offer except on reasonable grounds.
TITLE VII
USUFRUCT
Section 1417 An immovable property may be subjected to a usufruct by virtue of which the usufructuary is entitled to the possession, use, and enjoyment of the property.
He has the right of management of the property. The usufruct of a forest, mine, or quarry entitles the usufructuary to exploit the forest, mine, or quarry.
Section 1418 A usufruct may be created either for a period of time or for the life of the usufructuary. If no time has been fixed, it is presumed that the usufruct is for the life of the usufructuary.
Section 1419 If the property is destroyed without compensation being paid, the owner is not bound to restore it. However, if he does restore it to any extent, the usufruct revives to that extent. If compensation is paid, the owner or the usufructuary must restore the property to the extent it is possible, considering the compensation received. If restoration is impossible, the usufruct comes to an end, and the compensation must be divided between the owner and the usufructuary in proportion to the damages suffered by them respectively. The same rules apply mutatis mutandis in case of expropriation or partial destruction of the property or partial impossibility to restore the property.
Section 1420 When the usufruct comes to an end, the usufructuary must return the property to the owner.
The usufructuary is liable for the destruction or depreciation in value of the property, unless he proves that the damage was not caused by his fault. He must replace anything which he has wrongfully consumed. He is not bound to compensate for depreciation in value caused by reasonable use.
Section 1421 The usufructuary must, in the exercise of his rights, take as much care of the property as a person of ordinary prudence would take of his own property.
Section 1422 Unless otherwise provided in the act creating the usufruct, the usufructuary may transfer the exercise of his right to a third person. In such a case, the owner of the property may sue the transferee directly.
Section 1423 The owner may object to any unlawful or unreasonable use of the property. If the owner proves that his rights are in peril, he may demand security from the usufructuary, except in the case of a donor who has reserved the usufruct of the property given. If the usufructuary fails to give security within a reasonable time fixed for the purpose, or if, despite the owner’s objection, he continues to make unlawful or unreasonable use of the property, the Court may appoint a Receiver to manage the property in his stead. Upon security being given, the Court may release the appointed Receiver.
Section 1424 The usufructuary is bound to keep the substance of the property unaltered and is responsible for ordinary maintenance and petty repairs. If major repairs or measures are necessary for the preservation of the property, the usufructuary must inform the owner promptly and allow them to be carried out. In case of default by the owner, the usufructuary may have the work carried out at the owner’s expense.
Section 1425 All extraordinary expenses must be borne by the owner. However, to meet these expenses or those coming under the foregoing section, he may realize part of the property unless the usufructuary is willing to advance the necessary funds without charging interest.
Section 1426 For the duration of the usufruct, the usufructuary shall bear expenses for the management of the property, pay taxes and duties, and be responsible for interest payable on debts charged upon it.
Section 1427 If required by the owner, the usufructuary is bound to ensure the property against loss for the owner’s benefit. If the property is already insured, he is bound to renew such insurance when due. He must pay the premiums of the insurance for the duration of his usufruct.
Section 1428 No action by the owner against the usufructuary or his transferee in connection with the usufruct, or vice versa, may be entered later than one year after the usufruct comes to an end. However, in an action by the owner who could not have known of the end of the usufruct, the prescription of one year shall run from the time when he knew or ought to have known of it.
TITLE VIII
CHARGE ON IMMOVABLE PROPERTY
Section 1429 An immovable property may be subject to a charge entitling the beneficiary to periodic performance out of such property or to specified use and enjoyment thereof.
Section 1430 A charge on immovable property may be created either for a period of time or for the life of the beneficiary. If no time has been fixed, it is presumed that the charge is for the life of the beneficiary. If it is created for a period of time, the provisions of Section 1403, paragraph 3, shall apply mutatis mutandis.
Section 1431 Unless otherwise provided in the act creating it, a charge on immovable property is not transferable even by way of inheritance.
Section 1432 If the beneficiary fails to comply with any essential condition specified in the act creating the charge, his right may be terminated.
Section 1433 If the owner of the property does not perform his obligations under the charge, the beneficiary may, in addition to the remedies for non-performance, apply to the Court to appoint a Receiver to manage the property and perform the obligations for the owner, or order the property to be sold by auction and the beneficiary be paid out of the owner together with the value of the charge. The Court may, upon security being given by the owner, refuse to make an order for the appointment of a receiver or for an auction, or release a Receiver already appointed.
Section 1434 Sections 1388 to 1395 and 1397 to 1400 shall apply mutatis mutandis to the charge on immovable property.
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