Section 1298 — Limited number of real rights
Statutory text (Thai original)
ทรัพยสิทธิทั้งหลายนั้น ท่านว่าจะก่อตั้งขึ้นได้แต่ด้วยอาศัยอำนาจในประมวลกฎหมายนี้หรือกฎหมายอื่น
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
Real rights (/real-rights/) may be created only by the virtue of this Code or other laws.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1298 is part of Book 4 (Property) of the Thai Civil and Commercial Code. This entry is awaiting firm-authored commentary; the statutory text above is verbatim from the Office of the Council of State (OCS Krisdika) Thai source, with the English translation from the FAO/UN FAOLEX repository. Always rely on the Thai original for legal proceedings.
Why this matters in practice
Lawyers: any purported property right not found in statute operates only as a personal (contractual) right and is unenforceable against third parties. Laypersons: you cannot create a binding 'custom' property right by private agreement — it must be a right the law names, such as ownership, usufruct, superficies, servitude, or pledge.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 7011/2547 (2004)
A servitude, being a real right under section 1298, must be registered to be complete and enforceable against third parties.
A servitude is a real right that arises only by virtue of law under section 1298; an acquisition of an immovable real right by juristic act is not complete unless made in writing and registered with the competent official.
-
Supreme Court Judgment No. 2380/2542 (1999)
An unregistered oral usufruct does not perfect as a real right under section 1298 and section 1299.
An oral agreement granting the plaintiff a lifetime usufruct over land and buildings in return for transferring those assets to the defendant (her child) was not registered and therefore did not perfect as a real right; it remained only a personal obligation.
-
Supreme Court Judgment No. 446/2541 (1998)
A servitude may be acquired by ten years' peaceful, open, and continuous use of another's land under sections 1401 and 1382.
Where the plaintiff and predecessors had used a path across the defendant's land peacefully and openly for more than ten years, a servitude by prescription arose over that land pursuant to section 1401 read with section 1382.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.