Legal Problems Of Liability Under The Civil And Commercial Code: Case Study Subleasing Of Land Of Thai Temples Which Have Been Visungcamasima In Kingdom Of Thailand

Abstract

The purposes of this research were 1) to study the concepts and theories. Civil Procedure, and Civil and Commercial Law leasing and sublease of temples in Thailand that is a juristic person who has been granted Visungcamasima in bringing the land of temples in Thailand to sublet, what are the legal effects?,  2) to study the problem of the practice of using the land of the temple that is a juristic person who has been enlightened in the use of the temple’s land in Thailand to be sub-leased as legally voidable, 3) to study the civil and commercial law on the lease and sublease of Thailand and foreign laws in order to analyze and compare with the Thai law regarding the sublease of the land of temples in Thailand that has been sought, and 4) to analyze the legal problems and suggested the solutions that relate with the lease and sublease of the temple’s land in the Kingdom of Thailand. This research was qualitative research.The researcher used the information obtained from the study and gathered from the above documents to analyze the suitability of the land of temples in Thailand for renting or subletting. Results of the research showed that the temple is a juristic person according to the Sangha Act, B.E. 2505, as amended. By the Sangha Act (No. 2) B.E. 2535, the temple must comply with the law, ministerial regulations, resolutions of the Supreme Sangha Council; order of the Sangha Council when the temple wishes to take out the land for rent or sublet. It is necessary to comply with the relevant laws. 1. The Civil and Commercial Code of Property Lease. If there is no written evidence of any kind signed by the party liable, it is important that you cannot prosecute the case. 2. Ministry Regulations on Preservation and Management of Religious Properties of the Temple, B.E.2564, Lease of a temple set aside for the purpose of arranging benefits, the monastic ground, the Kalpana, or the building for the abbot of the temple to arrange for the Vaiyavachakorn or monk’s lay attendant; temple affairs manager; the utilitarian of the temple appointed by the abbot make a registration of the assets that provide the benefits of registration. 3. Resolution of the Sangha Supreme Council of Thailand. Council No. 15/2521 dated May 30, 1978 concerning renting at temples or at the monasteries to build commercial buildings. Any temple has a tenant request at the temple or at the soil of the monks to build a commercial building or any other building for use in the pursuit of benefits, the abbot of the temple shall submit a plan, plan for the construction of the budget including land rent, building, land lease agreement through the approval of the clergy of the Sangha, respectively Draft a construction contract to the National Buddhism Office to propose to the committee considers it first. 4. For recommendations, those involved must follow the guidelines strictly according to the law. Any amendment to that law or regulation must find out how it applies to current law enforcement. 1. Should amend the provisions of the Civil and Commercial Code, Section 545 to make it clear that the sub-lessee is directly liable to the original tenant for both the sublease and the damage caused to the sublease property. 2. In any case, there are people who ask for rent at the temple or at the monastic ground to build a commercial building or any other building for use in exploitation to propose to the Religious Property Budget Review Committee to consider the budget of the central religious treasures for consideration first, by the Religious Property Budget Review Committee to consider the budget of the central religious properties regularly. 3. Those involved must strictly comply with the law, rules and orders. In the case of a new lease hire of successor or transfer of the right to lease, sublease, Religious Property Budget Review Committee must inspect the parties at the end of every calendar year whether the leased property has the tenant brought it to another person to sublease without permission?, and where there are benefits such as from renting out commercial stalls for no more than three years in general. which the measure can be done by temple affairs manager. 4. All suggestions that proposed by the researcher shall be taken to correct the legal issues of the civil law and liability that in the case of lands sublease of Thai Temple which had been granted Visungcamasima in the Kingdom of Thailand.