Some Observations on Devolution of Immorally-Acquired Property of a Deceased upon the Monastery

Abstract

          According to the law relating to the Sangha, the monastery is prescribed to be a juristic person who is eligible to have rights and duties in the same manner as a natural person. This includes the right to receive property from the deceased. However, the monastery shall enjoy the rights and be subject to the duties provided within the scope of its statutory power, duty or objective.
          Although the Civil and Commercial Code Book 6 provides that property of the deceased may devolve upon the monastery whether the one which is the domicile of the deceased monk as per the provision of Section 1623 or as a legatee by virtue of the will as per the provision of Section 1646, if such property is considered by its nature to be an immorally-acquired one such as those involving human vices and temptation (e.g. pub or bar) or sexual misconduct (e.g. massage parlor or sex trade establishment) or depriving life (e.g. slaughterhouse). Those kinds of property are not eligible by law to become the property of the monastery.
          The ground for prohibition of devolution of the deceased’s property upon the monastery as mentioned in the two cases above may differ. The first one is that such immorally-acquired property will be contrary to the power, duty or objective of the monastery as a juristic person pursuant to the provision of Section 66 of the Civil and Commercial Code in association with the law relating the Sangha while for the second one, the will devolving property upon the monastery shall be considered as void juristic act as it is contrary to the public order and morality pursuant to the provision of Section 150 of the same Code regardless such property is immovable or movable one.