Note concerning Thailand Supreme court opinions: Thailand is a civil law jurisdiction that also has elements of the common law system. Accordingly, the principle law sources are acts, statutes and regulations. However, published Supreme court decisions are an important part of the legal development of Thailand and are frequently used as a secondary authority. (Summaries sponsored by Chaninat & Leeds)
11/2550 Thailand Supreme
Court Opinion 88 (No. 6436) 2007
Mr. La Suntha vs. Mr. Sommai Lomsiri or Somsiri or Lomesiri et. al.
Re: Purchase of Immovable Property, Transfer of Land Possessory Rights
The first defendant sold the disputed Thailand land with no title deed and transferred the right of possession to the plaintiff, although initially the first defendant had no intention of entering into a written agreement with the plaintiff. Consequently, the written agreement entered into by the parties was considered null and void. However, the transfer of possessory right of the land by the first defendant was according to section 1378 of the Civil and Commercial Code. Hence, the plaintiff rightfully possesses the land. The first defendant has no right to register the transfer of possessory right to the second defendant because nemo dat qui non habet, or “no one can give who does not possess.”