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ResourcesThai Civil and Commercial CodeBook4Property Title II Ownership Chapter I Acquisition of Ownership

Property Title II Ownership Chapter I Acquisition of Ownership

Page: 170

Section: 1322 - 1327

Section 1322.- If a wild animal which is wounded and pursued by one person is caught by another person or falls dead on another person’s land, the first person becomes its owner.

 

Section 1323.- A person who finds lost property is bound :

                  (1) To deliver it to the loser, the owner or any other person entitled to receive it, or

                  (2) To inform without delay to the loser, the owner or any other person entitled to receive it, or

                  (3) To deliver it within three days to the police official or other competent official and inform them of all the circumstances within his knowledge which may be material for the discovery of the persons entitled to receive it.

However, the procedure provided in sub-section (3) must be followed if the loser, owner or other person entitled to receive the property is unknown or does not take delivery of it.

In any case the property found must be kept with reasonable care until delivery.

 

Section 1324.- A finder of lost property may claim from the person entitled to receive it a reward of ten per cent on the value of the property up to thirty-thousand baht, and five per cent on the additional value. However, if he delivers the property to the official police or other competent official, two and a half per cent of the value of the property shall, in addition to the reward, be paid as a fee to the Government service concerned, but, in no case, shall such fee exceed one-thousand baht.

The finder is not entitled to any reward if he does not comply with the provisions of the foregoing section.

 

Section 1325.- If the finder of lost property has complied with the provisions of Section 1323 and the person entitled to receive it has not claimed it within one year from the day of the find, the ownership is vested in the finder.

However, if the unclaimed property is an antique object, the ownership is vested in the State; but the finder is entitled to receive a reward of ten per cent of its value.

 

Section 1326.- The finding of property thrown into the sea or water-ways or washed ashore is governed by the laws and regulations relation thereto.

 

Section 1327.- Subject to the provisions of the criminal law, the ownership of anything which has been used for committing, or has been acquired through, or is otherwise connected with, an offence, and placed under the care of a Government Department, is vested in the State if it has not been claimed by the owner within one year from the day of its being so placed or, in case of a criminal action having been entered in Court, from the day of final judgement. However, if the owner is unknown, the period shall be extended to five years.

If the property is perishable, or delay involves risks or expenses out of proportion to its value, the Government Department may, before the expiration of the periods, cause the property to be sold by public auction, provided that before the sale proper measures were taken for recording all such particulars as may enable the person entitled to receive the property to identify it and prove his right thereto. After the sale, the net proceeds shall be substituted for the property.