การศึกษาเปรียบเทียบการถือกรรมสิทธิ์และการครอบครองทรัพย์ตาม พระวินัยบัญญัติและการถือกรรมสิทธิ์และการครอบครองทรัพย์ ตามประมวลกฎหมายแพ่งและพาณิชย์ของพระภิกษุ

This research aims to: 1) study the concepts, theories, and origins of legal provisions related to ownership and possession of property; 2) examine ownership and possession of property by Buddhist monks under the Civil and Commercial Code of Thailand and foreign legal systems; 3) analyze and compare ownership and possession of property according to the Vinaya (monastic discipline) and the Civil and Commercial Code as applied to monks; and 4)propose recommendations for improving the law to ensure its consistency with the principles of ownership and possession of property for monks under the Civil and Commercial Code.

The study found that the Vinaya strictly prohibits monks from possessing or engaging in transactions involving money or any form of property, as such possessions are considered attachments that give rise to craving and clinging. The Nissaggiya Pācittiya rules explicitly forbid monks from accepting or trading in gold or silver in order to preserve the purity of the monastic life. In contrast, the Civil and Commercial Code grants monks the same property rights as laypersons, particularly under Sections 1622–1624, which allow monks to hold ownership and dispose of property. This discrepancy creates a practical gap between the principles of the Vinaya and the secular law-for instance, in cases of property held during monastic life, inheritance, or legal acts inconsistent with the monastic state that remain valid under civil law.

The study therefore recommends amending the Civil and Commercial Code to harmonize it with the principles of the Vinaya, particularly by stipulating that any property acquired by monks during their monastic life shall be presumed to be “religious property.” It also proposes that any legal transaction contrary to the Vinaya be declared absolutely void. Furthermore, a central regulation should be established under the supervision of the Sangha Supreme Council to oversee and audit the management of monks’property with transparency. These measures would preserve the purity of the monastic order, prevent the misuse of religious status for personal gain, and ensure that state law aligns more closely with the ethical and spiritual principles of Buddhism.