ปัญหาเกี่ยวกับการคำนวณและเฉลี่ยทรัพย์เมื่อมีการบังคับคดีแพ่ง คดีล้มละลาย และกรณีศาลสั่งผู้ชำระบัญชี / ทูนใจ ศรีวังพล = Problems in computation and participation in property applicable to execution of civil judgement, bankruptcy and liquidation ordered by the court / Toonjai Sriwangpol
The objectives of the thesis are to examine various steps of the execution of judgement in both Civil cases and Bankruptcy cases including Liquidation ordered by the court in pursuance of Ministerial Regulations laid down by the Ministry of Justice; to study problems arising there of in the course of computation and participation of the judgement debtor’s property; and to recommend some solutions of the problems. The principal instruments of the study are books and documents such as the files of the execution of Civil cases, Bankruptcy cases and the files of the liquidation cases administered by the Legal Execution Department, Civil and Commercial Code, Rules and Regulations concerning the execution of judgement in Civil cases, Bankruptcy cases, and Liquidation ordered by the court as in force at the Legal Execution Department. Unfair application of the law and the problems concerning valuation of the property are found by the study to be the main sources of the irregularities. Unfair application of the law, in turn is found to stem from loopholes in the official Regulation such as; unfair assessment f the fees; the judgement debtor taking advantage over the judgement creditor by delaying the process of sale by auction; the judgement creditor taking advantage over the judgement debtor by accepting out of the court payment without issuing recipts which amounts to nonperformance of the debtor’s obligation. As to the problems concerning valuation of property these normally arise out of lake of knowledge and skill on the part of the executing officers. To solve the problems above mentioned more rules and regulations should be laid down or improved upon by the administration. Judgement creditors and debtors should also be provided with the knowledge on essential legal points and the officers whose duties are to valuate the property in each category should be trained and their certain framework regulated.
