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ResourcesThai Civil and Commercial CodeBook4Property Title III Possession

Property Title III Possession

Page: 176

Section: 1366 - 1377

Section 1366.- Each co-owner has, in proportion to his share, the same liabilities as a seller in respect of the property which the other co-owners have received under the partition.





Section 1367.- A person acquires possessory right by holding a property with the intention of holding it for himself.


Section 1368.- A person may acquire possessory right through another person holding for him.


Section 1369.- A person, who holds a property, is presumed to hold it for himself.


Section 1370.- A possessor is presumed to possess in good faith, peacefully and openly.


Section 1371.- If it is proved that a person possessed the same property at two different times, it is presumed that his possession continued during the interval.


Section 1372.- It is presumed that a possessor has, in law, the right which he exercises over the property possessed.


Section 1373.- Where property is an immovable entered in the land register, the person whose name is on the register is presumed to have possessory right over it.


Section 1374.- Where a possessor is disturbed in his possession by unlawful interference, he is entitled to have the disturbance removed. If further disturbance is to be apprehended, the possessor may apply for injunction.

An action for removal of disturbance must be entered within one year from the time of the disturbance.


Section 1375.- Where a possessor is unlawfully deprived of possession, he is entitled to have it returned, unless the other party has over the property better right which would entitle him to claim it back from the possessor.

An action for the recovery of possession must be entered within one year from the time of dispossession.


Section 1376.- Where property is to be returned to the person entitled to recover it, the provisions of Sections 412 to 418 of this Code concerning Undue Enrichment shall apply mutatis mutandis.


Section 1377.- Possession comes to an end if the possessor abandons the intention to possess or no longer holds the property.

Possession does not come to an end if the possessor is prevented from holding the property by some cause which is temporary in its nature.