ทรัสต์เพื่อผู้สูงอายุ :ความเปนไปไดใน ประเทศไทย ?

Abstract

Old Ages in Thailand now face the problem that they are abandoned even by their own family members. Although the public authority has granted them some assistance but it is still insufficient. In this regard, it is possible to establish a trust fund for their welfare purposes. The author aims to introduce the basic principle of trust law in the common law system which is the assets fund called “trust” established by a settlor and owned and managed by a trustee for the benefit of a beneficiary or beneficiaries according to the purposes of the trust. This will incur two types of titles to the assets namely legal title held by the trustee and equitable interest held by the beneficiary. To the author’s opinion, it is possible to introduce the trust law into Thailand by amending the fundamental principle of ownership under the Civil and Commercial Code following la fiducie in France, a second to none civil law country. There might be some difficulties at the earlier stage, caused by the unfamiliarity to the concept of trust law and the way to manage the trust fund with a separate legal title held by a trustee.