THE DEVELOPMENT OF HOUSING ESTATE JURISTIC PERSON LAW

Authors

  • Siriwan Kamolsuksatit ์NSRU
  • Suksamai Sutthibodee
  • Sumath Roygulcharoen

Keywords:

: Housing Estate Juristic Manager, Public Utilities

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.

References

Announcement of the Revolutionary Council, No. 286, Government Gazette,

Special Issue, 89 (2515).

Bureau of Real Estate Business Promotion, Department of Lands. (2004) Law

on land allocation.(in Thai)

Bureau of Real Estate Business Promotion, the establishment of a housing

Real Estate Juristic Person (Bangkok Print Department of Lands 2016).

(in Thai)

Commonhold and Leasehold Reform Act 2002. Retrieved August 8, 2006, from http://www.landrey.gov.uk/leyislation/comonhold.

Community Land Development Act. (1989). (in Thai)

Community Schemes . Five years or ( Seminar papers ) : Land Titles office, Land Registry. (2002).

Department of Lands.(2020).Registration Information, Retrieved January 22,

, from http://app.dol.go.th/Option.aspx (in Thai)

Land Allocation Act.(2000). (in Thai)

Herbert J. Rubin and Irene S. Rubin, Qualitative Interviewing: The Art of

Hearing Data, 2nd ed. (Thousand Oaks, Calif.: Sage, 2005).

Ostrom E.,(1990).Governing The Commons. The Evolution of Institutions for

Collective Action.Political Economy of Institutions and Decisions.

Office of the National Economic and Social Development Council, The

National Economic and Social Development Plan.

Panich,W. Common Property. Retrieved June 16,2020,from https://www.gotoknow .org/posts/519909(in Thai)

Sricharoenwong,V& Krityanwatch,P.(2016) Allocation of Land and Corporation Village Allocation).Regulations and announcements of

the Central Land Development Board B.E. 2559, 1st edition,Publisher,

Master Key Company Limited. (in Thai)

Sumantrakul,T.(2019).Common-Pool Resources – CPRs.Retrieved June 11,2020,from https://www.krisdika.go.th/data/activity/act356.pdf (in Thai)

Downloads

Published

2021-12-03

How to Cite

Kamolsuksatit, S., Sutthibodee, S. ., & Roygulcharoen, S. (2021). THE DEVELOPMENT OF HOUSING ESTATE JURISTIC PERSON LAW. Academic Journal Phranakhon Rajabhat University, 13(1), 122–135. Retrieved from https://so01.tci-thaijo.org/index.php/AJPU/article/view/252209

Issue

Section

บทความวิจัย (Research Article)