Article 1623

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 1816/2542 (1999) ★ Monument

   Property acquired during monkhood passes to the monastery under §1623 as a statutory operation distinct from intestate succession; the monastery is not a statutory heir under §1629.

   A monk acquired the disputed land during his monkhood. On his death the land passed to the monastery under §1623. The court held that the monastery is not a statutory heir under §1629; accordingly the monastery could not petition for an estate administrator as a heir, and its acquisition of the land under §1623 is a separate legal mechanism from statutory succession.

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2. Arrêt de la Cour suprême n° 1316/2544 (2001)

   Land inherited by a monk is not property acquired during monkhood and may be contracted away; but if registration is not completed before the monk's death, the land passes to the monastery under §1623.

   A monk inherited land from his mother (which he had not acquired during monkhood). He then contracted to sell his share to the plaintiff. He later divided the land but died before registering the transfer. The court held that inherited land is not land acquired during monkhood under §1623; such land may be contracted away by the monk. However, because the monk died before completing registration, the land became monastery property under §1623 at death.

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3. Arrêt de la Cour suprême n° 2741/2541 (1998)

   Monastery property acquired under §1623 can be alienated only by Act of Parliament under the Sangha Act; no purchaser, even a bona fide one, acquires title from an unauthorised transfer.

   The disputed land was property acquired by a monk during monkhood and he made no will. The court held it passed by law to the monastery and, under the Sangha Act B.E. 2505 §34, temple property can be transferred only by Act of Parliament; therefore even a bona fide purchaser from an unauthorised transferor could not obtain title.

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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.