Section 1378
Statutory text (Thai original)
การโอนไปซึ่งการครอบครองนั้นย่อมทำได้โดยส่งมอบทรัพย์สินที่ครอบครอง
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
Transfer of possession is effected by delivery of the property possessed.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1378 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: in unregistered land sales, delivery of possession at the time of the agreement starts time running for adverse possession and fixes the date of possession transfer for priority purposes. Laypersons: handing over the land and keys is the key act that makes a sale real in terms of possession — even if you have not yet gone to the Land Office.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 10368/2554 (2011)
Delivery of land on the date of the sale agreement, with payment of the price, constitutes a valid transfer of possession under section 1378.
The plaintiff purchased a portion of NS.3 Kor land from Ch., who received the purchase price and delivered the land to the plaintiff on the date of the sale agreement; the plaintiff has occupied it since. The court held that delivery on the contract date constituted a valid transfer of possession under section 1378.
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Supreme Court Judgment No. 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.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.