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ResourcesThai Civil and Commercial CodeBook4Property Title II Ownership Chapter II Extent and Exercise of Ownership

Property Title II Ownership Chapter II Extent and Exercise of Ownership

Page: 171

Section: 1328 - 1337

Section 1328.- Where a movable of value, which has been hidden or buried, is found under such circumstances that no person can claim to be its owner, the ownership is vested in the State. The finder is bound to deliver it to the official police or other competent official, in which case he is entitled to receive a reward of one-third of its value.

 

Section 1329.- The right of a person, who has acquired property for value and in good faith, is not affected even if the act under which his transferor acquired the property was voidable and has been subsequently been avoided.

 

Section 1330.- The right of a person, who has in good faith purchased property at a sale by public auction under an order of the Court or of the Official Receiver in bankruptcy, is not affected even if it is subsequently proved that the property did not belong to the defendant, judgement debtor or bankrupt.

 

Section 1331.- The right of a person, who has acquired money in good faith, is not affected even if it is subsequently proved that it did not belong to the person from whom he acquired it.

 

Section 1332.- When a person has in good faith purchased property at a sale by public auction or in open market or from a trader dealing insuch things, he shall not be bound to return it to the true owner unless the latter reimburses the purchase price.

 

Section 1333.- Ownership may be acquired by prescription under the rules provided in Title III of this Book.

 

Section 1334.- Waste land and land surrendered, abandoned or otherwise reverted to the State according to the land law may be acquired according to the said law.

 

CHAPTER II

EXTENT AND EXERCISE OF OWNERSHIP

 

Section 1335.- Subject to the provisions of this Code or other laws, the ownership of land extends above and below the surface.

 

Section 1336.- Within the limits of law, the owner of property has the right to use and dispose of it and acquire its fruits ; he has the right to follow and recover it from any person not entitled to detain it, and has the right to prevent any unlawful interference with it.

 

Section 1337.- If a person in the exercise of his rights causes to the owner of an immovable property greater injury or inconvenience than should naturally and reasonable be expected or anticipated, having regard to the nature and situation of such property, the owner is entitled, without prejudice to any claim for compensation, to have such injury or inconvenience abated.