Abstract:
This thesis is firstly intended to research for general principles of the acquisition of the ownership of the property, then to analyse the general rule of Nemo dat goud non habet and its exceptions. Finally and analysis is made on The Civil and Commercial Code of Thailand Sect 1332. The accomplishment of this research can be concluded that there are two principles of acquisition of the ownership in property, which are acquired by juristic acts and by operation of Law. The acquisition by juristic acts is the possession of ownership which is voluntarily transferred by transferor who have right. The other, the acquisition by operation of low is the case that the law formulates the regulations of acquiring the ownership. When a person does practice these following regulations, the ownership belongs to him and there will be establishment of a new real right. The acquisition of the ownership by juristic acts is under the regulations of the general rule Nemo dat guod non habet that means transferee has no better right than transferor. But for the economical and commercial necessity and protection of the bona fide transferee, regulations are set up for special conditions as exceptions of the above rule, therefore the ownership is vested in the transferee. Section 1332 in one of these exceptions. Subject to the provisions of the Code, ownership is acquired by juristic acts, but the ownership is a conditional one, i.e. the real owner may exercise his right to redeem his property. The research further analyses that the purchase of property in special conditions in accordance with section 1332 is prescribed by low only for the purchasers good faith regardless how good faith the seller is, and how property the seller acquire the ownership of property through any manner. Therefore, if the purchaser who purchases in good faith in special conditions according to section 1332, he shall have ownership. This section enforces the purchase and sale of any kind of property, whether they are movables or immovables. The exercise of right pursued by the real owner has no prescription in law, except the purchaser has acquired the ownership of that property through the prescription in law of acquiring the ownership, then the pursued right of the real owner shall be ended. The suggestion is this research is that of the additional regulations to section 1332 as follows : 1. The Article 1332 should prescribe only the purchase of movables 2. The duration of time should be limited in the exercise of the right pursued by the true owner 3. The compensation of price should be done on the price paid by the purchaser for that property and not on the original cost price 4. The Article 1332 has on interputation to expand the hegulations Market Overt more than required, causing damage to economy. Should the doctrine of entrusting be brought in to force, the Article 1332 will be more concise 5. The Article 1332 is the regulation of ownership by the legal consequence of buying and selling, it should be brought to the ordinance of the nature of buying and selling in lieu of prescribing in the nature of Property as it is so in the present days.