PROBLEMS IN THE INTERPRETATION OF ‘PROPERTY’ UNDER SECTION 137 OF THE CIVIL AND COMMERCIAL CODE IN THE DIGITAL

Abstract

This research article aims to: 1) study the legal principles and judicial precedents related to the interpretation of the term “property” under Section 137 of the Thai Civil and Commercial Code; 2) analyze the problems and limitations of interpreting “property” in the digital era, particularly regarding intangible assets such as digital data, digital assets, and digital tokens; and 3) propose guidelines and policy recommendations for revising or expanding the definition of “property” to encompass digital assets, thereby enabling civil and commercial law to appropriately respond to technological and economic changes.

          This study employs a qualitative research methodology, utilizing documentary research through the analysis of legal provisions, Supreme Court judgments, textbooks, and relevant academic articles. Additionally, in-depth interviews were conducted with ten legal experts. The collected data were analyzed through content analysis to synthesize factual and policy-oriented findings.

          The research findings reveal that: 1) the current interpretation of “property” under Section 137 remains confined to a traditional concept emphasizing tangible and physically perceptible objects, rendering intangible assets such as digital data or digital tokens not clearly recognized as “property”; 2) the absence of comprehensive legal provisions and judicial precedents governing digital assets has created legal gaps and uncertainty in protecting the rights of digital asset owners; and 3) it is recommended that interpretative approaches be adjusted and that a specific law or an amendment to Section 137 be enacted to broaden the definition of “property” to include digital assets, aligning legal principles with technological advancement, economic development, and justice in the digital age.