Peculiarities of Thai Legislation on the Right to Own Real Estate
EDN: NLNNVT
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.
About the Authors
M. A. Ignatiev
St. Petersburg State University
Russian Federation
Russian Federation
Mikhail A. Ignatiev, Assistant Professor of Faculty of Oriental Studies
Saint Petersburg
I. V. Fedosov
Russian Presidential Academy of National Economy and Public Administration (North-West Institute of Management of RANEPA); Institute of Oriental and African Studies of HSE University
Russian Federation
Russian Federation
Ivan V. Fedosov, Senior Lecturer of Department of Theory and History of Law of Law Faculty; Tutor of Department of Middle Eastern and African Studies
Saint Petersburg
References
1. Ignatiev, M. A., Rogov, E. O. Emperor Meiji and King Chulalongkorn: The Common and the Special in the Destinies of Two Monarchs // Reading in memory of B. N. Melnichenko and S. E. Trifonov, 2023: Proceedings of the World International Scientific Conference. Publishing House of the Russian Christian Humanitarian Academy, 2024. P. 24–41. ISBN: 978-5-907505-44-5. (In Russ.).
2. Melnichenko, B. N. Social Reforms in Thailand in the late 19th — early 20th Centuries. Moscow : Nauka, 1976. 106 p. ISBN: 10605-18068-76. (In Russ.).
3. Melnichenko, B. N., Pyleva, A. I. Russia — Thailand: History of Relations (19th — early 21st Centuries). St. Petersburg, 2011. 295 p. ISBN: 978-5-88812-443-7. (In Russ.).
4. Said, E. V. Culture and Imperialism / trans. from english by A. V. Govorunov. St. Petersburg : Publishing House “Vladimir Dal”, 2012. 736 p. (In Russ.). EDN: VWMXRT.
5. Said, E. V. Orientalism. Western Concepts of the East / trans. from English by A. V. Govorunov. St. Petersburg: Russian World, 2016. 640 p. (In Russ.). EDN: WLBUSH.
6. Skinner, Q. Origins of Modern Political Thought: in 2 vol. Vol. 2: The Age of Reformatio n / trans. from English by A. A. Yakovlev; ed. by V. V. Sofronov. Moscow : Delo, 2018. 568 p. ISBN: 978-5-7749-1268-1. (In Russ.). EDN: JCXNHL.
7. Sco tt, J. C. The Art of Not Being Governed: An Anarchist History of Upland Southeast Asia / trans. from English by I. V. Trotsuk. Moscow : New Publishing House, 2017. 568 p. ISBN: 978-5-98379-200-5. (In Russ.).
8. Sunić, T. Against Democracy and Equality / trans. from English by K. Zhukov; ed. by V. M. Kamnev, V. V. Prokopenko, D. S. Moiseev. St. Petersburg : Publishing House “Vladimir Dal”, 2024. 451 p. ISBN: 978-5-93615-296-2. (In Russ.).
9. Fedosov, I. V. The Concept of Legal Egalitarianism in Heterogeneous and Culturally Homogeneous Societies // Theoretical and Applied Law. 2024. No. 4 (22). P. 68–77. (In Russ.). EDN: XWLSYN. DOI: 10.22394/3034-2813-2024-4-68-77.
10. Fishman, L. Inequality of Equals. The Concept and Phenomenon of Resentment. Moscow : Publishing House of the Higher School of Economics, 2024. 272 p. ISBN: 978-5-7598-2949-2. (In Russ.). DOI: 10.17323/978-5-7598-2949-2.
11. Anderson, B. Imagined Communities. Reflections on the Origin and Spread of Nationalism. London, England — New York : Verso Press, 2016. 240 p. ISBN: 978-1-84467–086-4.
12. Saint-Hubert, C. Rolin-Jaequemyns (Chao Phya Aphay Raja) and the Belgian Legal Advisors in Siam at the Turn of the Century // The Journal of the Siam Society. 1965. Vol. LIII, Part 1–2. P. 181–190. URL: https://www.yumpu.com/en/document/read/23824739/the-journal-of-the-siam-society-vol-liii-part-1-2-1965-khamkoo.
Review
For citations:
Ignatiev M.A., Fedosov I.V. Peculiarities of Thai Legislation on the Right to Own Real Estate. EURASIAN INTEGRATION: economics, law, politics. 2025;19(2):96-105. (In Russ.) EDN: NLNNVT
Views:
44
Email this article 
