Legal Measures on the Administration of Inherited Property: A Case Study of Car Ownership Transfer

Abstract

The purposes of this study were 1. to examine the concepts and theories related to the registration of the transfer of inherited vehicles in cases where there is no court order appointing an estate administrator and no will 2. to study the laws governing the registration of the transfer of inherited vehicles in Thailand and in foreign countries and 3. to analyze the legal problems concerning the application of regulatory measures in the registration of the transfer of inherited vehicles in Thailand in cases where there is no court order appointing an estate administrator and no will. This study employed a qualitative research approach by examining primary sources, such as laws and legal provisions, as well as secondary sources, including legal textbooks, research reports, theses, academic articles and other related documents. The collected data from these various sources were subsequently analyzed using content analysis. The findings reveal that 1) according to the concepts and theories on regulatory measures for the registration of the transfer of inherited vehicles, such matters concern the relationship between the state and the public registration must be supported by law and the state has the authority and duty to prescribe legal measures and to supervise and review registration and the exercise of power appropriately 2) the laws governing the registration of the transfer of inherited vehicles in the French Republic, Japan and the Kingdom of the Netherlands are clearly and specifically prescribed and sufficiently effective, whereas Thailand also has relevant laws but they are not yet sufficiently effective and 3) although Thailand has established legal provisions concerning the registration of the transfer of inherited vehicles, some state officials exercise discretion by failing to proceed with such registration, and the revocation of unlawful or erroneous registrations remains complicated and problematic