Peculiarities of Thai Legislation on the Right to Own Real Estate

Abstract

Aim and tasks. To analyze individual provisions of the legislation of the Kingdom of Thailand in terms of acquiring property rights and restrictions on the exercise of this right. Methods. Systematic analysis of individual segments of the studied legal order in the national (Thai) language, as well as the most significant international acts and scientific literature on the relevant topic (in Russian and English). Results. Using regulatory material, as well as the provisions of international acts to which Thailand has acceded, the authors raise the question of the legitimacy of calling Thai legislation on the right to own real estate located in the jurisdiction of the Thai legal order discriminatory in relation to foreign individuals and legal entities. The article covers the issue of the formation of the current Thai legislation on real estate in a historical and comparative legal context: the authors try to trace some patterns of the formation and development of the Thai legal order in the studied part, explaining the features of its originality with the involvement of not only theoretical and legal concepts, but also historical material and oriental studies devoted to the study of the development of Thai society in historical retrospect up to the present day. Conclusions. The authors of the article come to the conclusion that the “51/49 Rule” studied by them within the framework of this research, contained in the considered legislative acts of the Kingdom of Thailand, can hardly be considered a violation of the legal principle of non-discrimination, since the said rule has as its goal not at all “discrimination” of foreign capital and individuals, but the protection of the national economic and spiritual sovereignty of the country, as well as the cultural and historical identity of Thai society and the state, more or less effectively resisting modern globalist tendencies and, thus, being a striking example of nationally oriented lawmaking and law enforcement.