Article 1378

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 10368/2554 (2011)

   Land held under an n.s.3 kor certificate carries only a possessory right, which may be transferred either by writing registered with the competent official under section 456 or by delivery of possession under section 1378. If the facts pleaded are made out - that the seller took the price and delivered the land on the day of the sale - the seller ceases to be the possessor, and a title deed he later obtains in his own name makes him a nominee holding for the buyer rather than the owner. On his death the land is then no part of his estate for his administrator to deal with, and the buyer may sue the administrator for a declaration of his right. Because the case turns on those facts, a court that disposes of it on limitation without determining them errs and the matter must go back for trial.

   The plaintiff pleaded that he bought part of a plot held under an n.s.3 kor certificate on 22 January 1994, paid the price, and was put into possession that day, but the land was never subdivided and transferred and the seller later obtained a title deed in his own name. After the seller death the plaintiff sued his administrator. The first court dismissed the claim on limitation - more than ten years under section 193/30 and more than one year under section 1754 paragraph 3 - without deciding whether the pleaded facts were true. The Supreme Court held that if those facts are made out the seller had only a possessory right, which passes either by registered writing under section 456 or by delivery under section 1378; delivery on the day of sale would mean he was no longer the possessor, that the title deed he later obtained was held for the plaintiff, and that on his death the land formed no part of his estate. The plaintiff could therefore sue the administrator for a declaration of his right, and the first court erred in deciding limitation without determining the facts. The Court of Appeal was right to set that judgment aside and send the case back for trial.

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2. Arrêt de la Cour suprême n° 15551/2553 (2010)

   Where sale of unregistered land expressly provides for delivery on the contract date, the buyer acquires possession at that date under section 1378.

   The disputed land was unregistered (Phor Bor Thor 5) so the owner had only a possessory right; the sale contract stated both parties agreed delivery was made on the contract date and the price was paid. The court held the plaintiff therefore acquired possession from that date under section 1378.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.