This thesis aimed to study legal problems related in using machinery and equipment as collaterals to financial institutions under the provisions of laws relating to the pledge and mortgage because it causes problems and obstacles to using them as collaterals, including studying for finding solutions to those problems.
The study found using machinery and equipment as collaterals by pledge contracts which financial institutions made with customers has legal problems by the Supreme Court Judgment makes a decision the machinery and equipment using as collaterals does not comply with pledges principle because pledge process to using machinery and equipment as collaterals to financial institutions has not considered to deliver machinery and equipment as pledges property to financial institutions as pledgee or delivered to the third party appointed by the pledgee to keep the pledged property according to Civil and Commercial Law Code article 747 and article 749. For mortgage according to Civil and Commercial Law Code article 703 (4) provides movables with regard to law may provide registration for the purpose to mortgage that make any machinery and equipment which not required cannot us for collaterals. The obstacle legal process by Supreme Court Judgment make both party using machinery and equipment as collaterals by pledges.
Because of above reason, the author has a suggestion by the legal relating of collateral should modify the legal principles to support using machinery and equipment as collaterals at present, including specific legislation to support and improve the Draft Business Guarantee Act B.E…. to resolve using machinery and equipment as concrete collaterals without delivering the property possessions as collaterals to the guarantor same as the collateral property principle of Article 9 (Secured Transactions) Uniform Commercial Code (U.C.C.) of the United States of America and Floating Charge principle of England in order to develop the potential to use machinery and equipment as collaterals to financial institutions with efficiency.