STATUTORY HEIR’S RIGHTS TO INHERIT UNDER SECTION 1629 (3) and (4) OF THE CIVIL AND COMMERCIAL CODE

Abstract

This academic article has specifically studied the rights of legal heirs in the category of relatives in the sibling line according to section 1629 (3) siblings of the same father and mother and section 1629 (4) siblings of the same father or mother of the Civil and Commercial Code. The heir and legal heir may be brothers and sisters of the same father. The relationship between the inheritance owner and the legal heir must be considered based on reality or legality. In this matter, the judgment of the Supreme Court No. 4828/2529 appears that legal heirs in the order of brothers and sisters of the same father. Holding true to blood solidarity only. The registration of the parents' marriage is not an important matter to be considered. As a result, heirs who are siblings from the same father and mother as the real estate owner have better rights to receive the inheritance than brothers and sisters from the same father and mother as the legal owner of the estate. This would be unfair to brothers and sisters from the same father as the legal heir.

From a comparative study of the legal principles of France, which have the principle of inheritance immediately upon the death of the inheritor as well as the principles of Thai law, without separating the type of child. As a result, the legality between the heirs in the sibling line and the estate owner is not an important matter that needs to be considered. Siblings from the same father and mother and siblings from the same father or mother have equal rights to inherit, which is consistent with the consideration of true solidarity. But from studying the law of England which has the principle of passing on inheritance through representatives. It was found that opinions were divided into two sides. The first side is of the view that heirs who are siblings from the same father and mother as the real estate owner must be proven beyond doubt in order to have better rights than heirs who are siblings. A person who is the legal child of the same father as the heir. And the other side sees that solidarity handles the same father and mother. Or having only the same father or mother is considered siblings.

Due to this, the legal right to inherit under section 1629 (3) and (4) of heirs in line with siblings should be taken into account when interpreting and applying the law, which can be done by comparing various legal theories. The author proposes that, if we follow the rules for enforcing English law, then legitimate siblings who are not the father's legal offspring can inherit alongside their true siblings. In order to change section 1629 (3) and (4), which deal with legal heirs' inheritance rights, the court must prove its amendments beyond a reasonable doubt. This will benefit legal heirs in the category of relatives in the sibling line. It is fair and true to the wishes of the deceased.