TITLE V

Section 1402. A person who has been granted a right of habitation (arsai) in a building is entitled to occupy such building as a dwelling place without paying rent.

Section 1403. A right of habitation may be created either for a period of time or for the life of the grantee.

If no time has been fixed, such right may be terminated at any time by giving reasonable notice to the grantee.

If it is granted for a period of time, the period may not exceed thirty years; if a longer period is stipulated, it shall be reduced to thirty years. The grant may be renewed for a period not exceeding thirty years from the time of renewal.

Section 1404. The right of habitation is not transferable even by way of inheritance.

Section 1405. Unless the right of habitation is expressly limited to be for the benefit of the grantee personally, the members of his family and his household may dwell with him.

Section 1406. Unless expressly forbidden by the grantor, the grantee may take such natural fruits or products of the land as are necessary for the needs of his household.

Section 1407. The grantor is not bound to maintain the property in a good state of repair.

The grantee cannot claim reimbursement of expenses made by him for improvements to the property.

Section 1408. When the right of habitation comes to an end the grantee must return the property to the grantor.

Section 1409. The provisions of this Code concerning Duties and Liabilities of the Hirer, as specified in Sections 552, 555, 558, 562 and 563 shall apply mutatis mutandis.

Sample translation simple Thai 'habitation' contract:

CONTRACT GRANTING RIGHT OF HABITATION

Made at: ________________

Dated: _________________

Between:

( 1 ) <> , a Thai national with I.D card no. <>, residing at <> Moo <>, Tambon <>, Koh Samui, Surrathani Thailand (date of birth <> th of <><>) hereinafter referred to as the 'Grantor'

AND

( 2 ) <> , a <> National carrying Passport number <>, residing at <> <>, (date of birth <>th of <> <>), hereinafter referred to as the 'Grantee'

WHEREAS:

including all property in the said building which hereinafter shall be called the 'House';

Parties to this contract agree as follow:

1. The Grantor agree to grant the Grantee the right to occupy the House as a place of dwelling, without paying rent to the Grantor.

2. Such right of habitation will exist for a period of <...> years.

3. When the period of right of habitation expires, both parties may agree to renew the period, but the agreement must be made before the expiration of the period in this contract.

4. This right of habitation in the House includes the dwelling of numbers of the Grantee's family and his dependants.

5. The Grantee has the right to take natural fruits or products of the land where the House is situated as is necessary for the needs of his household.

6. The Grantee shall not transfer this right to any other persons or outsiders; and in case of death of the Grantee, the right is immediately extinguished even though the period in this contract has not yet expired.

7. When the right of habitation of the Grantee expires, in any case, the Grantee shall immediately return the property and the House to the Grantor.

8. The Grantee shall not use the House for any purpose other than for normal conventional use.

9. The Grantee shall take as much care of the House as a person of ordinary prudence would take of his own property, and shall be responsible for carrying out ordinary maintenance and petty repairs.

10. The Grantee shall not alter or extend the House in any way, except with the Grantor's prior written consent.

11. The Grantee is liable for any loss or damage caused to the House, except when such loss or damage is a result of its proper use.

This contract is made in duplicate. The parties to the contract having read and understood the entire substance of the contract hereby sign their names in the presence of witnesses.

Signed................................Grantor

( )

Signed................................Grantee

( )

Signed................................Witness

( )

Signed................................Witness

( )