PROBLEMS IN CIVIL EXECUTION: A CASE STUDY OF THE RIGHT OF RETENTION

Abstract

Based upon results from a study of the concept of the right of retention under the Thailand Civil and Commercial Code sections 241 to 250, the law provides as a general rule that individuals have the right to withhold property of others until debts are reimbursed. The individual must be the possessor of said property and have a debt owed to his benefit in relation to the possessed property. In addition, the said debt must be already due. However, substantive law does not explicitly state the nature of said rights. As a result, interpretations of said law are unclear, direct affecting judgment enforcement and court order sunder provisions of the Civil Procedure Code, the procedural law with provisions clearly certifying rights of the right holder.

These findings suggests that the right of retention should be interpreted as a real right established by a type of law resulting in the rights holder to withhold the legal right to exercise such rights against third parties in accordance with the Civil Procedure Code, or procedural law offering provisions that clearly confirm rights of the holder.