THE DEVELOPMENT OF HOUSING ESTATE JURISTIC PERSON LAW

Abstract

This research aimed to study concepts, theories concerning common-pool resource management and establishment of housing estate juristic person, problems on its establishment according to the announcement of the Revolutionary Council issued on 24 November 1972 and Land Allocation Act B.E. 2543, comparison of Land Allocation Act, enforcement system, establishment of housing estate juristic person according to housing estate juristic person law in Thailand and in foreign countries as well as laws, related legislative acts, and to develop laws by drafting or amending according to the appropriate form and channel.

               The findings revealed that concepts and theories concerning housing development in Thailand which allowed the community to engage in their public property management were in accordance with the common property concept and the theory of common-pool resource management of Prof. Elinor Ostrom which allowed juristic person to manage their public utility assets. Moreover, the establishment of a housing estate juristic person in the Land Allocation after the Land Allocation Act B.E. 2543 could not apply to the housing estate according to the Announcement of the Revolutionary Council 286 issued on 24 November 1972. Therefore, the transitional chapter should be amended or added in order to enforce the housing estate established before the Land Allocation Act B.E. 2543. When comparing the housing estate juristic person law of Singapore, United States of America, Australia, United Kingdom and Malaysia, it was found that the housing estate juristic person took care of the public facilities. The establishment system, management, and enforcement were similar so that they were applied to the development of the Land Allocation Act B.E. 2543 in Thailand. In addition, the law concerning the establishment and management of the housing estate juristic person should be drafted or added by enforcing the land developer to establish the housing estate juristic person who could take action since the housing estate project registration date and the transfer of land ownership of the first land plot. The juristic person manager should be nominated with the authority in management and legal enforcement should be added in order to be effective.