The Legal System for Foreign Investors to Obtain Land in Thailand: Main Developments, Practical Dilemma and Relief Approach

• 영문명: The Legal System for Foreign Investors to Obtain Land in Thailand: Main Developments, Practical Dilemma and Relief Approach
• 발행기관: YIXIN 출판사
• 저자명: 谢明勋(Ming-Hsun Hsieh) 张宇(Yu Zhang)
• 간행물 정보: 『Journal of east Asian law studies』제1권 제1호, 89~108쪽, 전체 20쪽
• 주제분류: 사회과학 > 교육학
• 파일형태: PDF
• 발행일자: 2024.06.30

국문 초록

The legal system of foreign investment in land in Thailand has experienced a process from strict restriction to gradual relaxation. At present, the legal paths for foreign investment to obtain land ownership in Thailand include BOI licensing path, IEAT licensing path, EEC investment promotion, meeting the specific conditions of the Land Law, legal inheritance, and setting up joint ventures. It seems to be easy to obtain, but in fact it faces multiple difficulties, such as complicated access, limited ownership, and multi-risk interaction. Not only face the risk of legal and policy changes, but also include the risk of improper behavior such as bribery and the risk of equity holding or land holding. In order to solve these difficulties, foreign investors should accurately locate the purpose of investment, reasonably establish legal supervision and relief mechanisms, actively take risk prevention measures, improve the political sensitivity of investment decisions, scientific assessment and rational use of financial and insurance instruments, diversify investment portfolios, reduce market risks, and ensure investment safety.

영문 초록

泰国外商投资土地的法律制度经历了从严格限制到逐步放宽的过程。目前，外商在泰国取得土地所有权的法律途径包括BOI 许可途径、IEAT 许可途径、EEC 投资促进、满足《土地法》的具体条件、合法继承、成立合资企业等。看似容易获得，实则面临准入复杂、权属受限、多重风险互动等多重困境。不仅面临法律和政策变化的风险，还包括贿赂等不当行为的风险以及股权或土地持有的风险。为解决这些困境，外商应准确定位投资目的，合理建立法律监管与救济机制，积极采取风险防范措施，提高投资决策的政治敏感性，科学评估并合理运用金融和保险工具，分散投资组合，降低市场风险，确保投资安全。

목차

Ⅰ.Introduction

Ⅱ.The Main Development of the Legal System for Foreign Investors to Obtain Land in Thailand

Ⅲ.Legal Paths for Foreign Investors to Obtain Land Title in Thailand

Ⅳ.Practical Dilemmas of the Legal System for Foreign Investors to Obtain Land in Thailand

Ⅴ.The Possible Paths to Solve the Difficulties of Foreign Investors in Obtaining Thai Land

Ⅵ.Conclusion and outlook

키워드

Foreign investment Land in Thailand Land ownership in Thailand Legal system 外商投资 泰国土地 泰国土地权属 法律制度