Of Elephants, Horses, Bulls, and Buffaloes: Beasts of Burden as a Special Category of Movable Property in Thai Law
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Abstract
The term “ช้างม้าวัวควาย” (chang-ma-wua-kway) is a familiar phrase to native Thai speakers. Literally “elephants, horses, bulls, and buffaloes,” it refers to the broader concept of beasts of burden. Beyond the realm of colloquial language, the concept of beasts of burden has led a fascinating life in the law. In the modern legal regime of Thailand, these animals constitute a special type of movable property in the Civil and Commercial Code of Thailand, attracting a similar legal treatment to immovable property. This article investigates the evolution of the legal concept of beasts of burden, from ancient sources, through the 19th century legal reformation period, up to the present day. The analysis reveals deep layers in the complex process of the country’s legal transplantation during the reform process: the exceptional nature of its current legal treatment is a product of particular social requirements in specific periods of history. This understanding of its dynamic social creation invites re-examination of the legal concept.
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