Abstract:
Land registration in Thailand has developed Where by a transfer of any rights in the land has to be registered in the presence of an officer. The purpose of such system is to protect the transferee of the right in the land. However, there are still problems in the present legal measurement concerning the registered right holder in the land and the transferee in good faith who has made payment as a consideration due to the unsuitable, unsecured, incorrect and imperfect registration system. For example, the right in the land of a transferee in good faith is revocable and the government has not established a fund for compensating the person whose right is revoked. The over-responsibility of a land officer under the law also effects the preparation of a complete registration. Neither has the fund to protect the officer been established by the government. There are also problems in interpretation and application of the laws governing the transfer of right in the land under a certificate of utilization between the juridical section who applies the Thai Civil and Commercial Code and the officer of the Land Department who applies the Land Code. The land registration system in Thailand is a combination between the Deeds System and the Torrens System. The Deeds System is old system and raises number of problems. The study in this Thesis is therefore aims at the introduction of the more appropriate Torrens System, whose essences are (1) the application of the principle of non-revokable registration; (2) the existence of the Assurance Fund to assist those who lose their rights in the land and the officers; and (3) the existence of the system where the expert lawyers will review and prepare the contract and registration, to be applied to be the most beneficial to Thailand with analogy analysis to foreign registration system such as Australia and New Zealand. A research reveals that land registration system in Thailand should apply the above 3 principles so that the registered transferee of the land can be most protected and the land registration system can be developed to be more efficient, more complete and more secured. There should be an improvement in the laws, both the Thai Civil and Commercial Code and the Land Code to be more consistent in order to solve the interpretation conflict between juridical section and the officer of the Land Department. This Thesis also propose an amendment to the Thai Civil and Commercial Code and the Land Code as the same time.