ศึกษาปัญหากฎหมายเกี่ยวกับสัญญาพัฒนาที่ดิน กรณีสิ่งปลูกสร้าง เป็นกรรมสิทธิ์ของผู้พัฒนาที่ดินตามสัญญาพัฒนาที่ดิน / สุภาภรณ์ เนาบำบัติ = Legal problems of land development contract which the ownership of the building belongs to the developer under the conditions of the contract / Supaporn Nowbambut
Conduct on land development III case that the land developer is not the land owner with an agreement that the structures on the land still belong to the land developer during the contract is valid until the contract is expired. It is regarded that the structures belong to the land developer temporarily and that the structures are exempted not as an attachment to the land pursuant to tile Civil and Commercial Code. Section 146. Upon the contract is expired it is the end of die exemption, and the strucetuies have become pxrt of the land thereafter. It is pursuant to die Civil and Commeicial Code 144 without registering it as the land always forms the mam properly. The contract of land development in this type is consisted of a lease and reciprocal agreement that may be called lent and reciprocal contract other than leasing. Disputes arising from leasing may be considered in accordance with the rent law, while disputes arising from the reciprocal agreement may be considered in accordance with the provisions on debt or asset as the case may be. As the struetiucs are still owned by the land developer during the contract is in force, the developer has the right to mortgage the structure although in practice requiring consent from the land owner, so as to not to be a dispute later when the structures become the possession of the land owner while still being mortgaged, which is not the wish of the land owner. It is therefore the land developer should be prohibited from mortgaging the structures เท the contract. The problem arises with the third party when the land developer rents the structure to him and the lease is terminated before the term is expired. However, the termination of the contract pursuant to the Civil and Commercial Code, Section 391 docs not the prejudice the right of the third parly, causing the land owner that has the ownership in the structures to be bound by the lease pursuant to the Civil and Commercial Code. Sections 569 and 538. Although that right is not exceeded the time specified in the land development contract. In case that die land owner is damaged from the encumbrances with the lessee due to the termination of tile contract may exercise his right to demand damages from the land developer in accordance with the Civil and Commercial Code, Section 391, last paragraph. Furthermore, the right under the land development is all asset and can be used as collateral, even though the Civil and Commercial Code does not prescribe it as a specific one in the Act 3 on the provisions on contractual acts. Nevertheless, as such the right is an individual one, the use as collateral may be executed by all sides are the creditor, debtor who develops the land, and land owner for binding. The problem on land development contract is a complicated problem which is different from problem of leasing and it cannot be cured by the Civil and Commercial Code on properly tent. Thus it must have special law for enforcing the contract only in this category. The problem which may occur from using of temporary, ownership more than its extent should be registered at the official. The problem of structure mortgage should be specified to be tile condition in the contract prohibiting the land developer to mortgage the structure The problem of using lease right for guaranteeing payment of debt to the creditor should tie specified as an article of contract to be granted consent from land owner first and problem of leasing of structure of third parties should be made correct according to the Civil and Commercial Code Section 538.
