ทรัพย์อิงสิทธิ : ศึกษากรณีการถือครองอสังหาริมทรัพย์ของคนต่างด้าว

Abstract

The purpose of this article is to research the case of foreigners becoming holders of Right Over Leasehold Asset under Rights Over Leasehold Asset Act B.E. 2562, as a result of which the foreigners It is capable of making extensive use of Thai real estate over a long period of time.
It is analogous to acquiring real estate ownership. As a result, the problem of arguments or conflicts with the law on foreigners' holding of land or condominium arises and the issue of foreigners' use of the real estate as an object of Right Over Leasehold Asset. Rights Over Leasehold Asset Act B.E. 2562, on the other hand, is a new law. Furthermore, assets based on rights are considered a new asset class. And they are not based on any foreign law. There are only rights that are comparable or similar. Methods of research on such issues, focusing on the issue by interpreting the aforementioned Act's provisions. By studying the origins and reasons
for the passage of the aforementioned Act, as well as analyzing the theory and feasibility
in practice. There is also an analysis of the provisions of the law governing the holding of land and condominiums by foreign, as well as the law governing the use of the immovable property and foreign business. To guarantee that this law on Right Over Leasehold Asset is clearly and effectively enforced. However, based on the comparative study and processing, it was discovered that there are no criteria or conditions that screen rights holders based on their status as foreigners in the Rights Over Leasehold Asset Act B.E. 2562. As a result, foreigners can freely
hold Right Over Leasehold Asset based on their rights. But even so, the Land Code and
the Condominium Act B.E. 2522 require foreigners to acquire only a limited amount of real estate. Furthermore, despite the fact that Right Over Leasehold Asset are not covered by the two laws because they are not the same type of right as ownership or possession. Such conditions
or criteria, however, should be stipulated in the law on Right Over Leasehold Asset so that
the overall enforcement of all laws is not contradictory or conflicting, either directly or indirectly. What's more, holders of Right Over Leasehold Asset based on their rights as foreigners wish to use real estate for business purposes in order to invest for maximum profit. As a result, when considering the reasons for the enactment of Rights Over Leasehold Asset Act B.E. 2562, it aims to attract real estate investment in order to develop the country's economy. Lawmakers want holders of Right Over Leasehold Asset to be able to use their rights as widely as possible.
This leads to arguments or conflicts with the law on the use of the immovable property and foreign business activities that enable foreigners to operate in a limited manner. In this regard, it is critical to amend the Rights Over Leasehold Asset Act B.E. 2562 to address the aforementioned issues.