Abstract:
This research study has 3 objectives: 1. To study the concepts and theories. Civil Procedure and Law and commercial leasing and sublease of temples in Thailand that is a juristic person who has been granted Wisoungkamsima In bringing the land of temples in Thailand to sublet, what are the legal effects? 2. To study the problem of the practice of using the land of the temple that is a juristic person who has been enlightened in the use of the temple's land in Thailand to be sub-leased as legally voidable 3. To study the civil and commercial law on the lease and sublease of Thailand and foreign laws in order to analyze and compare with the Thai law regarding the sublease of the land of temples in Thailand that has been sought 4.To analyze the legal problems and suggested the solutions that relat with the lease and sublease of the temple s land in the Kingdom of Thailand
This research is a qualitative research. The researcher used the information obtained from the study and gathered from the above documents to analyze the suitability of the land of temples in Thailand for renting or subletting.
The results of the research showed that:
The temple is a juristic person according to the Sangha Act, B.E. 2505, as amended. By the Sangha Act (No. 2) B.E. 2535, the temple must comply with the law, ministerial regulations, resolutions of the Supreme Sangha Council.
Order of the Sangha Sangha Council When the temple wishes to take out the land for rent or sublet It is necessary to comply with the relevant laws.
1.The Civil and Commercial Code of Property Lease
If there is no written evidence of any kind signed by the party liable, it is important that you can not prosecute the case. If the lease is for a period of more than three years or specified throughout the life of the tenant or the lessor If not made in writing and registered with the competent official He said that the lease will be prosecuted for execution for only three years.
The leased property The lessee will sublease or transfer his or her rights in the property, whether in whole or in part, to a third party. He said that he might not be able to do it. unless otherwise agreed
2.Ministry Regulations on Preservation and Management of Religious Properties of the Temple, B.E. 2021
Lease of a temple set aside for the purpose of arranging benefits, the monastic ground, the Kalpana, or the building for the abbot of the temple to arrange for the vaiyavakorn or the utilitarian of the temple appointed by the abbot. Make a registration of the assets that provide the benefits of registration.
The tenant or the resident shall be valid and the temple shall keep the registration and the lease agreement as evidence or deposit it with the National Buddhism Office for temples in Bangkok or the Provincial Buddhism Office for temples in the province. Other
Renting if the term is more than three years This can be done only when the National Buddhism Office approves. and was approved by The Sangha Supreme Council of Thailand
The utilization of the religious property of the temple which has not been completed before the date this Ministerial Regulation comes into force To proceed in accordance with the Ministerial Regulation No. 2 (B.E. 2511) issued under the Sangha Act, B.E. 2505 until the completion of the process.
3.Resolution of the Sangha Supreme Council of Thailand Council No. 15/2521 dated May 30, 1978 concerning renting at temples or at the monasteries to build commercial buildings.
Any temple has a tenant request at the temple or at the soil of the monks to build a commercial building. or any other building for use in the pursuit of benefits, the abbot of the temple shall submit a plan, plan for the construction of the budget. including land rent, building, land lease agreement through the approval of the clergy of the Sangha, respectively Draft a construction contract to the National Buddhism Office to propose to the committee considers it first.
The temple can only enter into a lease agreement when the committee has considered and approved.
Comparing the sublease with the United States, it is found that the tenant's right to sublease the leased property. part of germany Must obtain consent from the landlord first. But tenants can demand their consent.
Land lease of temples in Thailand must be done in accordance with civil and commercial laws. Ministerial Regulations on Preservation and Management of Religious Properties of Temples, B.E. which must comply with the rules correctly.
Recommendations. Those involved must follow the guidelines strictly according to the law. Any amendment to that law or regulation must find out how it applies to current law enforcement.
Feedback
1.Should amend the provisions of the Civil and Commercial Code, Section 545 to make it clear that the sub-lessee is directly liable to the original tenant for both the sublease and the damage caused to the sublease property.
2.In any case There are people who ask for rent at the temple or at the monastic ground. to build a commercial building or any other building for use in exploitation To propose to the Religious Property Budget Review Committee to consider the budget of the central religious treasures for consideration first, by the Religious Property Budget Review Committee to consider the budget of the central religious properties regularly The consideration must be completed within 30 days from the date the Department of Religious Affairs receives the matter and promptly notifies the temple of the result of the consideration. It was deemed appropriate to allow the temple to appeal the results of Religious Property Budget Review Committee. In the case of Religious Property Budget Review Committee consider and disagree
3.Those involved must strictly comply with the law, rules and orders. In the case of a new lease hire of successor or transfer of the right to lease, sublease, Religious Property Budget Review Committee must inspect the parties at the end of every calendar year whether the leased property has the tenant brought it to another person to sublease without permission? and where there are benefits such as from renting out commercial stalls for no more than three years in general. which the measure can be done by temple affairs manager. No need to go through National Office of Buddhism to approve and receive approval from the Sangha Supreme Council of Thailand. Should the administrative department from the district sheriff upwards or the person assigned by the sheriff together with the police officers from the police station superintendent upwards or the person who supervising the police station in the area assigns to inspect and allow the rental accordingly. Lease agreements made by temple affairs manager to ensure transparency and fairness with temples and contract parties.
4.All suggestions that proposed by the researcher shall be taken to correct the legal issues of the Civil law and liability that in the case of land s sublease of the a Thai Temple which han been granted Wisoungkamsima in the Kingdom of Thailand.