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tu 122 - Coggle Diagram
tu 122
metpiti
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◦ A legal person (juristic person) includes entities like companies, associations, and universities created under specific legal frameworks. For example:
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◦ Legal persons can have rights and duties distinct from their members but are limited by their “nature” (e.g., a company cannot adopt a child).
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▪ Legal personality begins with a full, live birth and ends with death.
▪ An unborn child can acquire rights retroactively if born alive, e.g., inheritance rights (Section 1599).
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▪ A person missing for five years (or two under special conditions) can be declared legally dead (Section 61).
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◦ Contracts entered into by minors require parental consent; otherwise, they are voidable (Section 21).
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▪ Contracts that solely benefit the minor (e.g., gifts).
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◦ A thing (ทรัพย์) is defined as a tangible, corporeal object.
◦ In law, a thing serves as the object of rights (e.g., property rights).
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◦ Ownership is the most comprehensive right in property, encompassing use, disposal, and protection against unlawful interference (TCCC Section 1336).
- Real Rights vs. Obligatory Rights
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◦ Direct rights over property, enforceable against the world (erga omnes).
◦ Examples: Ownership, easements, usufructs.
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◦ Example: In a sale contract, the buyer’s duty is to pay, while the seller’s duty is to deliver the property.
- Ownership and Transfer of Property
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◦ TCCC Section 1336 defines ownership rights, which include:
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◦ Occurs through contracts like sales, requiring performance by both parties:
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- Legal Personality Beyond Humans
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◦ Examples: Companies, universities.
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◦ Legal personality ends with death, but missing persons can be declared dead after:
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▪ Two years under special conditions, such as wars or accidents.
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▪ Contracts benefiting the minor (e.g., gifts).
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◦ Voidable contracts can be annulled, requiring restitution by both parties.
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◦ Incorporeal Property: Intangible rights, such as intellectual property or debts.
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◦ Legal ownership includes rights to use, enjoy, and dispose of the property.
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Ownership refers to the legal right to control, use, and dispose of property. It is governed under TCCC Section 1336 and comes with certain limitations and classifications.
Key Concepts
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◦ Ownership applies to both tangible (corporeal) and intangible (incorporeal) objects, such as copyrights and trademarks.
◦ Example: Owning a copyright involves exclusive rights to reproduce and adapt, but this differs from owning physical property.
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Possession refers to the physical and intentional control over property. It may or may not coincide with ownership.
Key Characteristics
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◦ TCCC Section 1367 defines possessory rights: "A person acquires possessory right by holding a property with the intention of holding it for oneself."
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◦ Example: A landlord owns the property, but the tenant possesses it during the lease.
Types of Possession:
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◦ Mediate: Control through another person (e.g., landlord-tenant relationships).
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- Ownership and Possession in Practice
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◦ Possession is often a prerequisite for ownership transfer in certain contracts (e.g., gift, sale).
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◦ Adverse possession can eventually transfer ownership if possession is maintained under legal conditions.
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2 Without a title deed (N.S.3K, N.S.3): Recognized use but not full ownership.
- Legal Protections for Possessors
• The law provides remedies for possessors against interference or deprivation, even if they are not the owners.
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Conclusion
• Ownership is a legal right over property, while possession is the factual control with legal implications.
• These concepts are interconnected but distinct, with significant legal and practical consequences under Thai law.
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◦ Under the Thai Civil and Commercial Code (TCCC), engagement (การหมั้น) is a legal contract.
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◦ If one party breaks the engagement, the aggrieved party can seek:
▪ Compensation for damages (e.g., reputation, wedding preparation costs).
▪ However, the court cannot force completion of the marriage.
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▪ They cannot be direct blood relatives, share parents, or have an adoptive parent-child relationship.
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▪ If a woman’s previous marriage ended, she must wait 310 days before remarrying unless:
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▪ Rights and Duties: Defined under TCCC (e.g., Sections 1461–1464).
▪ Marital Property: Includes assets acquired during marriage, fruits of separate property, and specified gifts.
▪ Separate Property: Includes property owned before marriage, personal items, and gifts not declared as marital property.
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▪ Certain transactions require joint consent or court approval (e.g., selling real estate, making significant gifts).
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◦ Defined in TCCC Section 1600 to include all properties, rights, and liabilities, excluding purely personal duties.
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◦ Debts that are purely personal (e.g., professional obligations) are not transferred.
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1 Descendants (children, grandchildren).
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◦ Effective January 22, 2025.
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▪ Marriage and engagement recognized between any two persons, regardless of gender.
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◦ Same-sex spouses can inherit as statutory heirs, just like opposite-sex spouses.
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◦ Mismanagement or unauthorized transactions can lead to legal disputes and possible court annulments if not ratified by the spouse.
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◦ Personal liabilities (e.g., professional obligations) do not transfer to heirs.
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- Copyright Protection in Thailand
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▪ Novels, poems, songs, photographs, films, software, etc. (TCA Section 6).
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◦ Must originate from the author, requiring effort, knowledge, and skill.
◦ Copyright does not require novelty (as in patents); identical works can be independently protected if not copied.
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- Copyright Exceptions (TCA Sections 32–43):
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◦ Copyright protects the expression of ideas, not the ideas themselves.
◦ Excluded items (TCA Section 6, para. 2):
▪ Concepts, processes, systems, scientific principles, and mathematical theories.
Example Scenarios:
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◦ Using tips from a book for personal activities (e.g., cryptocurrency trading) is not an infringement because ideas aren’t protected.
- Overlapping Property Rights
• Ownership of a physical item (e.g., a book) doesn’t grant rights over the intangible content (e.g., the story or data).
- Classification of Copyrighted Works
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9 Other creative works in literary, scientific, or artistic domains.
- Media Fandom and Copyright
Fan Creations:
• Fan art, fan fiction, and other fandom activities often rely on copyrighted works.
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◦ Fines (e.g., 20,000–200,000 THB for minor infringements).
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