LEGAL PROBLEMS IN DETERMINING THE DURATION AND PROTECTION OF TEMPLE LAND LEASES. ACCORDING TO THE CIVIL AND COMMERCIAL CODE AND THE SANGHA ACT, B.E. 2505, AMENDMENT (NO. 2) B.E. 2535

Abstract

This research aimed to 1) Study the history and concepts of legal problems in determining the duration and protection of land leases of temples under the Civil and Commercial Code and the Sangha Act B.E. 2505 (Amended No. 2) B.E. 2535 (1992), and 2) Obtain recommendations on legal problems in determining the duration and protection of land leases of temples under the Civil and Commercial Code and the Sangha Act B.E. 2505 (Amended No. 2) B.E. 2535 (1992). It was qualitative research that studied documents and analyzed data using descriptive content analysis.

The research results found that;

1. The Sangha Act B.E. 2505 and the Sangha Act (No. 2) B.E. 2535, Section 31, stipulate that temples are juristic persons, i.e., legal persons. Therefore, temples are positioned to be protected by all provisions of the Civil and Commercial Code as well as general laws. For the rights and duties of temples, the law elevates the status of temples to juristic persons to protect the interests of temples and religion by allowing temples to have rights and duties separated from all persons who have duties related to temples in Buddhism, as stipulated in Section 31. In summary, there are two points: 1) Temples have rights and duties in accordance with all provisions of the law within the framework of the temple's objectives. 2) Within the regulations in Section 1, temples have the same rights and duties as natural persons, except for rights and duties that, by nature, can only be obtained by natural persons.


2. Section 5 of the Ministerial Regulation on the Care and Management of Religious Property of Temples B.E. 2564, regarding the leasing of Sangha land, land plots, and temple land reserved for public use, the leasing must be amended to specify a more extended period from the original if the lease is for more than 3 years, such as 10 years, which can only be done if the National Office of Buddhism approves and receives permission from the Supreme Sangha Council first.