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Charitable Trusts of Cemeteries and Places of Worship in Thailand: A Historical Anomaly

Charitable Trusts of Cemeteries and Places of Worship in Thailand: A Historical Anomaly This article examines Thailand’s historic charitable trusts for the purpose of establishing and maintaining cemeteries and places of worship. Whilst existing literature explores the reception of English trusts law in British colonial territories in Southeast Asia over the course of nineteenth century, little is discussed in relation to Thailand, historically known as Siam, during the same period. Based on the author’s archival research, this article explores the route and development of these trusts and argues that, due to the Thai Supreme Court’s recognition of their charitable purpose, these trusts are not subject to a rule against perpetuities. Therefore, they will continue to present an anomalous exception to Thailand’s civil law legal framework and offer a fascinating example of the deep, tenacious roots put down by a rejected legal concept from Thailand’s brush with nineteenth century colonial powers. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Legal History Oxford University Press

Charitable Trusts of Cemeteries and Places of Worship in Thailand: A Historical Anomaly

American Journal of Legal History , Volume 62 (4): 20 – Jan 23, 2023

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Publisher
Oxford University Press
Copyright
© The Author(s) 2023. Published by Oxford University Press. All rights reserved. For permissions, please email: journals.permissions@oup.com
ISSN
0002-9319
eISSN
2161-797X
DOI
10.1093/ajlh/njac022
Publisher site
See Article on Publisher Site

Abstract

This article examines Thailand’s historic charitable trusts for the purpose of establishing and maintaining cemeteries and places of worship. Whilst existing literature explores the reception of English trusts law in British colonial territories in Southeast Asia over the course of nineteenth century, little is discussed in relation to Thailand, historically known as Siam, during the same period. Based on the author’s archival research, this article explores the route and development of these trusts and argues that, due to the Thai Supreme Court’s recognition of their charitable purpose, these trusts are not subject to a rule against perpetuities. Therefore, they will continue to present an anomalous exception to Thailand’s civil law legal framework and offer a fascinating example of the deep, tenacious roots put down by a rejected legal concept from Thailand’s brush with nineteenth century colonial powers.

Journal

American Journal of Legal HistoryOxford University Press

Published: Jan 23, 2023

There are no references for this article.