Usufruct Agreement Thailand is governed by sections 1417 to 1428 of the Commercial and Civil Code of Thailand. A usufruct is a right granted by the owner(s) of the land/house in favor of a usufructuary whereby this person has the right to possess, use and enjoy the benefits of an immovable property (section 1417 CCCT). The usufructuary has the right to manage the property (sect 1414 CCCT). It can be on a piece of land, on a house or on both of them.
What is a Usufruct Agreement Thailand?
A usufruct is a real right (real means in civil law = attached to a thing) that originates from Roman and Civil law. The holder of a usufruct, known as “usufructury”, has the right to use, possess and enjoy the property, as well as the right to receive profits from the fruits of the property. The usufructuary could be a person or an entity (ex: a company). In Thailand, a usufruct can be granted for a period of time (Max 30 years) or for the rest of the life of a living person. It always ends at the death of the usufructuary but some contracts concluded by the usufructuary can survive him.
In Civil Law, a property is divided into three parts. They are called in latin “usus” (use), “fructus” (fruits) and “abusus” (abuse). The word Usufruct is normally unknown in Commonwealth Countries. It combines the two first parts of the property in Civil Law, the usus (use, or possession) and fructus (fruits, or as we will see, more or less the “profits”). In French, it is called “usufruit” and in Thai “See-tee-kep-kin”. It is interesting and useful to know that Thai Civil Law was largely inspired by French Civil Law. (see “the work of codification in Siam” by Rene Guyon, 1919.)
The owner who gives the Usufruct is called in French “nu-propriétaire” or by literal translation in English “naked-owner” under Civil Law. It means that the owner has nothing else than the ownership; he is naked.:He can’t enjoy possession or fruits. Besides possession and enjoyment of the property, the Usufructurary has also the legal right to use and derive benefits from the property that belongs to another person, as long as the property is not damaged. “Fruits” should be understood as its natural (fruits, livestock, etc) and/or its legal definition (rent, etc.).
We can easily draft you a customize usufruct agreement for reasonable fees. It will include a contract in Thai and English, legal advice and instructions how to register it. Should you wish, we can also send a lawyer to help you at the registration but there will be additional fees for our transport and time.
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