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ResourcesThai Civil and Commercial CodeBook4Book IV Property Title I General Provisions

Book IV Property Title I General Provisions

Page: 167

Section: 1298 - 1305






Section 1298.- Real rights may be created only by virtue of this Code or other laws.


Section 1299.- Subject to the provisions of this Code or other laws, no acquisition by juristic act of immovable property or of real right pertaining thereto is complete unless the juristic act is made in writing and the acquisition is registered by the competent official.

Where immovable property or real right pertaining is acquired otherwise than by juristic act, the acquirer’s right cannot be dealt with through the register unless it has been registered ; nor can it, without registration, be set up against a third person who has, for value and in good faith, acquired and registered his right.


Section 1300.- Where a transfer of immovable property or real right pertaining thereto has been registered to the prejudice of a person who was previously in a position to have his right registered, he may claim cancellation of such registration, provided that in no case may cancellation be claimed against a transferee for value in good faith.


Section 1301.- The provisions of the two foregoing Sections shall apply mutatis mutandis to modification, extinction and revival of real rights pertaining to immovable property.


Section 1302.- The provisions of the three foregoing Sections shall apply mutatis mutandis to ships or vessels of five tons and over, to floating houses and to beasts of burden.


Section 1303.- Where several persons claim to have acquired the same movable property under different titles, the person who is in possession of the property is preferred provided that he has acquired it for value and has obtained possession in good faith.

This section does not apply to movable property specified in the foregoing section nor to lost property or property acquired through an offence.


Section 1304.- The domaine public of State includes every kind of State property which is in use for the public interest or reserved for the common benefit, such as :

                  (1) Waste land and land surrendered, abandoned or otherwise reverted to the State according to the law ;

                  (2) Property for the common use of the people e.g., foreshores, waterways, highways, lakes ;

                  (3) Property for the special use of the State e.g., a fortress or other military buildings, public offices, warships, arms and ammunition.


Section 1305.- Any property, which forms part of the domaine public of State, is inalienable except by virtue of a special law or a Royal Decree.