Legal problems and obstacles Arising Contracts Immovable Property Sale with Redemption Right

Pratheep Tabauttanon

Abstract

The research article is a study of the Civil and Commercial Code relating to the legal provisions on sale with right of redemption which lead the unfairness to the seller. Consequently, this leads a sale with redemption right in context of a loan agreement is a fictitious contract made to conceal another juristic act and become a void act. For this reason, the provisions of law relating to a concealed act shall be applied. According to the Civil lawsuits, buyers often fail to prove the truth which may result from evidence limitations or law ignorance of the buyer. Moreover, the government has imposed legal measures to check the will of seller accordance with the Ministerial Regulation No.33 (B.E.2526), provides the registration method of a sale with redemption right in the Act Promulgating the Land Code B.E.2497 by requiring an official to seek the real intent of parties for land sale with redemption, and enforce the Act on Protection of Persons Making a Contract of Sale with Right of Redemption for Agricultural or Residential Land B.E. 2562. However, these laws emphasize only agricultural and residential land and the measures to redeem the deposit of the price of redemption.

It can be stated that the sale with redemption right may produce a direct benefit to people who have the actual intention to be bound by the contract. Therefore, the sale with right of redemption should be amended in areas of legal measures that may interfere the sale with redemption right of the parties in order to assure the party’s will and to protect the parties’ benefits from invalidity of such contract. Moreover, the lawshould play the role to protect such intents by applying the law of the sale of immovable property and the law of the repurchasing contract instead of the current contract law.