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

Abstract

            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.