Abstract:
The objective of this research was to study and analyze facts about the law is available for the Thais to be able to possess lands without limitation as to the amount, which has resulted from the Revolutionary Party Notice No. 49 dated January 13, 1959 having repealed the land holding right limitation law under the Land Code A.D. 1954, Sections 34-49, which has given rise to a social injustice by causing a social gap to arise between those "have" and those "have not", in which those "have" would not make use of lands, while those "have not" would not have a chance to use lands for the purposes of residence, development and output increase according to their potential, which would contribute to the social and economic development of the nation as a whole. In addition, those "have" would as a matter of course increase their economic power to become even more superior to those "have not", and the economic power would as a matter of course give rise to a political powers, and the economic and political powers would eventually be used to bargain with or pressure the government, including all the way to coercion and semi-coercion against the people who are poor and educationally underprivileged and have no economic bargaining power so as to obtain what they or their clique want or land might be used in a manner not necessary or not increasing the output, which constitutes a manner of land use according to the pleasure of a group of individuals only, which is not the right was of resource use under the principle of economics. In addition to the foregoing, it would also give rise to some side effects by probably causing the land price to rise, e.g. the presence of hoarding and speculation for unjustly making profits from lands. Consequently, this thesis has recommend that there be made available legal measures for reviving the delimitation of land holding rights and that the said law be revised to become suitably applicable and consistent with the changing social and economic conditions as well as the current of globalized adjustment, in which regard no new law will be retroactively enacted and there will be no exception for certain individuals, organization, types of business and institutions, so that it will conform to the rites, the tradition, the culture, the way of life and the condition of living of the Thais and the social and economic development policy, so that it will be accepted and observed by the Thai in general, including its enabling the people to receive justice by being provided with the right to use land as is necessary and without exception and so that in a long term it will result in the land price not rising in an unusual manner as it does presently, which will lead to the fulfilment of the objective and intention set for the decentralization of land holding to the people and for the optimum use of lands, which will in turn bring about social justice and create security for the nation.