The Object of Right in Ownership

Abstract

          The Thailand Civil and Commercial Code (TCCC) does not define the term ownership, but describes the nature of the power of ownership in Section 1336. Remaining undefined is the object supporting the existence of that right and whether an individual may enjoy ownership of an amorphous object. Differing legal interpretations of related issues in Thailand depend on the venue. According to judgments of the Supreme Court and Supreme Administrative Court, the object of the right of ownership must be solely a physical object. However, an object of proprietary right may exist in tangible and intangible forms. This research studied objects of ownership rights in the legal system of Thailand. Results were that objects of proprietary right exist solely in physical objects. For intangible objects such as copyrights, patents, or trademarks, the owner or rights holder have no title to ownership. According to Section 1336 of the TCCC, only rights exist which are recognized by an establishing act with content differing from ownership, such as the Copyright Act, B.E. 2537 (1994) or the Trademark Act, B.E. 2534 (1991).