ANALYSIS OF LAND ACQUISITION OF TEMPLES OR MONASTIC PROPERTY A CASE STUDY OF LAND CLAIMING HEIRS THE INHERITANCE BEQUEATHED TO THE TEMPLE

Abstract

The objectives of this research article were 1) To study the acquisition of temple land or monastic property according to the Dhamma-Vinaya principles. 2) To study the acquisition temple land or monastic property according to the Land Code and other related laws. 3) To examine the methods of acquiring temple land or monastic land compared to public property under Land Code, Sangha law, and other relevant laws. 4) To propose preventive measures to address and prevent issues of temple land acquisition related to the inheritance and reclaiming of land given to the temple by heirs. Qualitative research method by studying documents was conducted, collecting and analyzing the data by synthesizing and comparing the data descriptively to reach conclusions and recommendations. The research results found that: 1) In the Buddha's time, offering land to build a temple was done only with words and it was considered that the donation of land to build a temple had already been completed. 2) Acquisition of temple land according to law, including acquisition of ownership before the application of the Land Code. Acquiring ownership according to the Land Code and obtaining ownership of land according to the Civil and Commercial Code. 3) Land that the owner dedicated to the temple or the Sangha, if it had not been registered in writing with the temple official, must be used by the owner for the period specified by law before the land could be vested in the temple or Sangha. As for land which the owner had dedicated as public property of the country, the type of implied dedication would immediately become public property of the country without having to make a written registration with the official. 4) Proposing to consider amending the provisions of Section 4, which was temple land and monastic land that people dedicated to Buddhist temples in order to prevent and solve the problem of acquiring temple land. There would be no more problems with interpretation.