
Civil code governs private law in Bangkok. This legal framework includes property rights, obligations, contracts, and inheritance among its domains.
As a hierarchical structure, civil code encompasses laws directly influencing transactions and interactions within the real estate market for foreigners.
Civil code differs from common law primarily in its foundation and application.
Common law evolves through judicial decisions and precedents, whereas civil code relies on a comprehensive, written set of statutes. Examples include the distinction in property acquisition processes and dispute resolutions, making civil code more predictable in legal outcomes for foreign real estate investors.
Three features popular in civil code specifically benefit real estate dealings. First, the explicit property ownership rules clarify foreign ownership limitations and leasehold rights.
Second, the clear contract laws facilitate transparent real estate transactions. Third, inheritance laws under civil code define succession rights, impacting estate planning for property owners.
Common features of civil code include its codified nature, systematic organization, and focus on private law. Codified laws ensure accessibility and uniformity in legal interpretations.
The systematic organization helps in navigating the legal framework efficiently. Private law focus ensures detailed regulations on personal and property matters.
Unusual features of civil code that stand out include the “Usufruct” right allowing foreigners to use and benefit from property without owning it, the “Superficies” right granting foreigners the right to own buildings on leased land, and specific provisions for “Habitation rights,” enabling individuals to reside on another’s property legally.
Unique to civil code, features like detailed “SorKor 1” land title descriptions, which provide specific information on land use rights, zoning, and restrictions, stand out. The concept of “Chanote” titles offer the highest form of land ownership security. “Lease registration” processes under civil code provide foreigners with up to 30 years of leasehold rights, extendable and inheritable.
Civil code’s detailed and prescriptive nature versus the common law’s flexible and precedent-based approach offers both advantages and challenges. For example, civil code’s predictability and specificity aid in understanding legal boundaries and obligations in real estate transactions, while common law’s adaptability may better address novel disputes.
For more detailed definitions and terms related to real estate transactions and legal frameworks, including those influenced by civil code, visit our glossary about Bangkok real estate.