Abstract:
The purpose of this research are as follows: (1) To study the concepts, theories, and evolution of asset management of Buddhist monks upon death according to the principles of the Vinaya (monastic discipline); (2) to examine the laws related to the asset management of Buddhist monks upon death, including relevant foreign laws and Supreme Court judgements; (3) to analyze and compare the laws related to the asset management of Buddhist monks upon death; and (4) to summarize and propose solutions to address the issues in managing the assets of Buddhist monks upon death.
The research findings showed that
The provisions in the Vinaya (monastic discipline) reflect the Buddha's intention for his disciples to live a simple and contented life, maintaining a lifestyle of sufficiency based on the four requisites. The Vinaya therefore prohibits monks from accumulating wealth, taking pleasure in possessions, or pursuing a livelihood like a layperson. In this context, the second Parajika rule places great importance on wealth as a factor in determining offenses. It prescribes severe penalties, such as disrobing for serious offenses, a medium-level penalty requiring the monk to undergo penance (Parivasakamma) and relinquish the possessions to be absolved, and a lighter penalty involving public confession, in front of other monks, with the condition that the possessions be surrendered first in order to clear the offense.
In terms of laws concerning the property and assets of monks, their evolution can be traced back to the Sukhothai period. In the present day, these laws are reflected in the Civil and Commercial Code, specifically in Chapter 6, Sections 1622, 1623, and 1624. According to Section 137 of the Civil and Commercial Code, the term "property" is defined as a tangible object, while Section 138 expands on this by defining "assets" to include both tangible and intangible items that have value and can be owned. Therefore, "assets" have a broader meaning than "property", as anything classified as property is inherently considered an asset.
The term "assets" is used in accounting and finance, particularly in the preparation of financial statements. "Assets" refer to valuable items owned by an individual or business, but it has a broader meaning than "property" because it also includes the expected future benefits. For example: Trade receivables are considered assets in accounting but not classified as property. If a business purchases a car under an installment agreement, the car can be used immediately even if all payments have not been completed and ownership has not been transferred. Legally, the car is not yet considered property, but in accounting, it is already classified as an asset of the business. According to the Supreme Court Judgment No. 2718/2560, "assets" include both tangible and intangible items that have value and can be owned, as well as all claims and benefits. Therefore, the researcher has chosen to titled this thesis "The Management of Asset of Buddhist Monk Upon Their Passing".
Furthermore, according to the asset management under the Civil and Commercial Code found that:
1. Section 1622 prohibits a monk from claiming inheritance as a statutory heir unless the monk disrobes and makes the claim within the statute of limitations specified in Section 1745. However, the monk may still be a beneficiary of a will. The intent of this law reflects the traditional principle that monks in the Buddhist religion have renounced worldly possessions to diminish their attachment to material desires. If a monk, however, is still attached to the Four Requisites and remains concerned with inheritance, such behavior is deemed inappropriate for a disciple of the monastic discipline. Therefore, the law requires disrobing before pursuing any inheritance claims according to the legal provisions.
2. Section 1623 states that any property acquired by a monk during his time in the monastic order shall, upon his death, become the property of the temple where he resided, unless the monk had disposed of it during his lifetime or through a will. Therefore, under the law, there are two ways to manage and dispose of a monk's assets: 1. The monk can use and dispose of his assets in any manner he sees fit during his lifetime, as long as it does not conflict with the monastic rules or civil law. 2. The monk may also create a will to allocate his personal assets to any individual or organization. However, any remaining assets acquired during the monk's time in the order that were not disposed of by will shall automatically transfer to the temple where the monk last resided. If the monk had multiple places of residence, the temple associated with his final registered residence will receive the assets. In cases where the monk had been ordained multiple times, the assets will go to the temple associated with his most recent ordination.
3. Section 1624 provides that any property owned by an individual before becoming a monk does not become the property of the temple and shall instead be inherited by the individual's lawful heirs. The individual may also dispose of this property according to the law. This section considers two scenarios: 1. If the monk had never been married before ordination: The assets are considered personal property, meaning any assets and property the individual owned before ordination. If the monk had been married before ordination: The assets are divided into two categoriespersonal property and marital property.
Suggestions
Based on the study, the researcher recommends methods for managing the assets of monks upon their death to ensure compliance with the provisions of the Civil and Commercial Code. This will clarify whether the assets fall under Sections 1622, 1623, or 1624. It is suggested that the Ministerial Regulations on the Care and Management of Temple Property (B.E. 2564) be revised, specifically Article 10, which currently states:
The National Office of Buddhism shall prescribe forms for registration, accounting, contracts, and other documents, as well as methods for registration, cancellation, and book-keeping, and provide guidance to temples on the management of temple property. To facilitate compliance with these regulations, the National Office of Buddhism shall also implement an electronic system for this purpose."
The revision of the Ministerial Regulation on the Care and Management of Temple Property (B.E. 2564), Article 10, by adding the following provisions:
The National Office of Buddhism shall establish forms for registration, accounts, contracts, and other documents, as well as procedures for registration, record-keeping, and accounting. It shall also provide guidance to temples on the care and management of temple property o facilitate compliance with this regulation, the National Office of Buddhism shall implement an electronic system for these processes, for the benefit of the Buddhist community, the National Office of Buddhism shall create a form for recording the assets of monks, including:
1. Monks appointed to administrative positions in the Sangha must maintain separate accounts for personal assets and temple assets, reporting to the supervising monks and the National Office of Buddhism every five years from the date of appointment.
2. Monks in the Theravada tradition with more than five years of ordination must similarly maintain separate accounts for personal assets, reporting to the supervising monks and the National Office of Buddhism every five years from ordination.
3. The forms for recording assets shall be promulgated as ministerial regulations with the approval of the Sangha Supreme Council, and the National Office of Buddhism shall set the guidelines.
The asset forms for monks must clearly differentiate their assets in accordance with Sections 1622, 1623, and 1624 of the Civil and Commercial Code. Once such asset records are established, the designated officials will be able to accurately audit the monk's assets upon their death, in accordance with both Buddhist doctrine and national law.""