Sisaket Rajabhat Law Journal

Appeal of Administrative Orders within the Administration: a Comparative Study of Principles, Authorities, and Appeal Periods between Thai Laws and Foreign Laws

ปัณณวิชญ์ จำเริญเลิศ — 2024-12-27

This abstract aims to study and compare the concepts, methods, and legal consequence of appeal of administrative order within the administrative department of Thailand in order to suggest a form of appeal of administrative order in the administrative department that is appropriate for Thailand laws.

The study found that The first issue: The problem about use of the mandatory appeal system in Thailand where an appeal is a required step in order for a party to have the right to file a lawsuit with the administrative court causing problems in the protection and compensation for those affected by administrative order that have not been appealed within the deadline for whatever reason. The second issue: The problem of the neutrality of the person having the authority to consider the appeal of administrative order, which Thai law defines as the person who issued the order, and the relief of enforcement of administrative order that Thai law does not automatically provide for when an appeal occurs, all of these have an impact on the parties who wish to appeal the administrative order. The third issue: The problem of the time limit for appealing administrative order which Thai law stipulates to be only 15 days, it may be too short for the parties to prepare for the appeal in time.

From the study of the above problem groups, the author has considered the laws related to appeal in the administration department of Germany, Franch, Italy, Japan, and Spain, in order to study and compare and improve the problematic procedures of Thailand. By proposing to change an appeal system to an alternative system, designate a commanding officer as the authority to consider an appeal of administrative order, provide for the relief of administrative order by presenting the evidence for consideration, and extend the period for appeal in the administrative department to 30 days.

Legal Problems on the Statue of Limitations under the Act on Liability for Wrongful Acts of Officials B.E. 2539: Studying the Rulings of the Administrative Court

ศักดา พงษากลาง — 2024-12-27

This article aims to study and compare the concepts, methods, and legal implications concerning the statute of limitations under the Liability for Wrongful Acts of Officials Act, B.E. 2539 (1996). The objective is to develop legal measures on the statute of limitations that are suitable for Thailand.

The research findings revealed that, The first issue pertains to the problem of the one-year statute of limitations, counted from the date the state agency compensates the injured party under Section 9 of the Liability for Wrongful Acts of Officials Act, B.E. 2539. The second issue concerns the problem of the two-year statute of limitations, counted from the date the state agency becomes aware of the tortious act and identifies the official responsible for compensating the damages under Section 10 of the Liability for Wrongful Acts of Officials Act, B.E. 2539. The third issue relates to the problem of the one-year statute of limitations, counted from the date the state agency issues an order based on the opinion of the Ministry of Finance under Section 10 of the Liability for Wrongful Acts of Officials Act, B.E. 2539.

From the study of issues concerning the statute of limitations in tort liability of officials in England and France, aimed at comparative analysis and improving the statute of limitations in Thailand, it is proposed to establish legal measures concerning the statute of limitations applicable to the heirs of officials liable for compensation when the liable official passes away. Additionally, it is suggested to set a specific time frame within which state agencies must issue orders in accordance with the Ministry of Finance's recommendations.

Courts with Jurisdiction over Election Cases Related to Candidate Qualifications of House of Representatives

Kittisak Nhochaikeaw — 2024-12-27

This research aims to study courts with jurisdiction over election cases, specifically focusing on cases related to qualifications of House of Representatives candidates. The aim is to find conclusions and recommendations to resolve issues regarding the verification process of qualifications and disqualifications of House of Representatives candidates, ensuring the process is both quick and fair.

The study findings reveal that jurisdiction over cases concerning House of Representatives candidate qualifications is split between the Court of Justice and the Constitutional Court, depending on the litigant's status. If the person is already a House Representative, the Constitutional Court has jurisdiction. Other cases fall under the Court of Justice's jurisdiction. This division has resulted in challenges for both potential House Representative candidates and election officials in ensuring fair implementation of the law. The current system makes it difficult to achieve maximum justice for the public in matters related to candidacy rights and qualifications reviews.

The thesis recommends establishing a specialized Election Court under the Supreme Court's authority. This court would handle all election-related cases, including candidate qualifications and disqualifications, regardless of whether the person in question is already an elected House Representative.

The Study of investment in Oddar Meancheay Cambodia through Choung Sa-Ngam check-points in Sisaket

ภัควัฒน์ จรรยาสุทธิวงศ์ — 2024-12-27

This research aims to: Study the conditions and problems of trade and investment through the Chong Sa-Ngam check-point to in Oddar Meancheay Province, Cambodia Study the promotion of trade and investment through the Chong Sa-Ngam check-point to Oddar Meancheay Province, Cambodia. The population used in the study are Thai and Cambodia government officials and businessman. The researcher used the qualitative data collection method. The tools used to collect data were in-depth interviews with public sector officials, businessman and merchants who does the business through the Chong Sa-Ngam check-point to Oddar Meancheay Province, Cambodia.

The results showed that conditions of trade and investment: Thailand has a trade balance of 17.73 million from Cambodia. But the road route leaving Thailand into Cambodia before entering Anlong Veng District, it's a downhill route. Risk of accidents Therefore, it is still an obstacle to the transport of goods from the Chong Sa-Ngam check-point to Oddar Meancheay Province. Thailand and Cambodia attach importance to promoting trade and investment between the two countries. The Governor of Sisaket Province has emphasized the importance of continuous connectivity. People have good relationships. There is an exchange of goods with each other. As for the governor of to Oddar Meancheay Province Sisaket and to Oddar Meancheay provinces have adjacent areas. People can travel easily, resulting in the exchange of labor, trade, and exchange between people. Sisaket Province has good agricultural products. The potential for growing economic crops is therefore desired to help develop agriculture.

Finally, I would like to make a suggestion by Frequently holding exhibitions of products from all over the country. Organize a forum for business people to meet and build good relationships with each other. The Thai government may need to step in and help improve the route from Chong Sa-Ngam to Oddar Meancheay Province. The Thai government should help Thai businessmen as mentors in doing business in Cambodia. The Thai government should fully help Thai businessmen who are having problems doing business in Cambodia.

Subrogation in Insurance Contracts

ณัฐนิชา ฝอยทอง — 2024-12-27

This article aims to study the subrogation under the law of obligations, which serves as a general principle, and the subrogation in insurance contracts under the law of insurance, which represents the specific principle of subrogation in non-life insurance contracts.

The study found that subrogation in insurance contracts exists only in non-life insurance contracts. Additionally, the study identified legal issues that should lead to amendments, including the following problems: the statute of limitations for lawsuits concerning subrogation in insurance contracts, partial subrogation, and the calculation of interest in subrogation under insurance contracts.

The author suggests that Regarding the statute of limitations, it should be amended so that the statute of limitations for lawsuits concerning subrogation in non-life insurance aligns with the original obligation. For the issue of partial subrogation, it should be amended so that the insurer is subrogated to the extent of the amount paid but not exceeding the actual loss. Regarding interest, the provision should be amended to allow the insurer to be entitled to interest from the date the indemnity was paid to the insured or the beneficiary.

Some considerations regarding the terminates the contract by hirer in accordance with the Civil and Commercial Code, Article 573

ชไมพร ไทยดำรงเดช — 2024-12-27

This article aims to study the termination of hire purchase contracts by the hirer in accordance with the Civil and Commercial Code, Article 573, including considerations regarding the right to terminate the contract and the exercise of the right to deposit property in cases where the lessor refuses to accept the return of the hire purchase property.

The study found that the termination of hire purchase contracts by the hirer in accordance with the Civil and Commercial Code, Article 573 is a right of the hirer, which can be exercised at any time. However, it must meet certain criteria: the termination of the contract must be declared, and the hire purchase property must be returned to the lessor. In cases where the hirer out purchase is not in default, if the contract is terminated and the lessor refuses to accept the return of the hire purchase property, thereby preventing the hirer out purchase from delivering the property, this leads to a breach of contract and subsequent litigation for damages.

The author suggests that Regarding the right to terminate the contract, even when the hirer out purchase is in default of payment, the hirer out purchase should be allowed to terminate the contract. The Announcement of the Contract Committee, which designates automobile and motorcycle hire purchase businesses as regulated contract businesses (B.E. 2565), should be amended to allow hirer out purchase to terminate the contract even in cases of default on hire purchase payments. Concerning the termination of the contract when the hirer out purchase is not in default of payment and the hirer refuses to accept the return of the hire purchase property, in accordance with the Civil and Commercial Code, Article 331, which is closely related legislation, should be applied to such cases.