การพัฒนากฎหมายในส่วนของการมีส่วนร่วมขององค์การพัฒนาเอกชนในการพิทักษ์สิ่งแวดล้อม / สุชินต์ ดรุณพันธ์ = Law development on the NGO participation for environmental protection / Suchin Daroonphunt
The purpose of this thesis is to study the principle of good faith under section 5 of the Civil and Commercial Code which is a general principle, a foundation of the whole system of civil law. Section 5 is jus aequum which aims at bringing justice to the disputing parties in the court. However, due to the character of legislating a general clause, it is broad and unclear in itself, a buit-in nature of an jus aequum. The principle causes problems and difficulty in its comprehension. In addition, the principle of good faith has broad scope to the extent of causing difficulty in laying down a certain principle. Such an incident causes difficulty in compiling and making precedents of the Supreme Court. The study finds that the siad principle of good faith is a principle of co-existence in a society, a principle which the relevant reasonable man should practice. In the legal sheme it is important for being the foundation of civil law by directing justice to the subject matter under consideration. This thesis thereby carries out a study about the said principle to allow a track of precedent of the Thai Supreme Court decisions which hold a general principle. In fact its application is to create two prongs i.e. the principle in generating equity to the disputing parties and the principle which can be applied to new facts. Both principles are meant for bringing the principle of good faith to apply to the dispute with sufficient certainty. This will allow the user of law to apply, in the most efficient manner, law with good adaptation to bring real justice to the disputing parties who submitted cases to court. It may allow a correction of the gap of justice in a law or a contract. This principle thereby enhances the administration of justice for the public by giving a concrete form which is interwoven into the principle of equity, reason and righteousness in a perfect manner.
