ปัญหาขอบเขตและการใช้พระราชบัญญัติว่าด้วยข้อสัญญาที่ไม่เป็นธรรม พ.ศ. 2540 / นพดล ปกรณ์นิมิตดี = Problems of scope and application of the unfair contract terms act B.E. 2540 (1997) / Noppadon Pagonenimiddee
The purpose of this thesis is to study the Unfair Contract Terms Act B.E 2540. This Act has stemmed from the ideas of the need to relieve unfairness which results from the abuse of the principle of Freedom of Contract and Autonomy of the will. According to the study, it is found that the Unfair Contract Terms Act B.E. 2540, comparing to the English, German and American Laws on unfair contract terms, is similar to English and German laws because it specifies the types of contract terms to be considered as unfair contract terms. As to the American law, the Uniform Commercial Code empowers the judges to refuse the contract that is unconscionable but does not specify the types of contract terms on which the judge may exercise the power. The study of the Unfair Contract Terms Act B.E.2540 finds problems such as: 1. The clarity of legal provision that is related to contract that the judge may determine the terms to be void or to enforce the terms of the contract, to the extent which is fair and reasonable; 2. Problem of the law enforcement; 3. The relationship of the Unfair Contract Terms Act B.E. 2540 and other Acts such as the Consumer Protection Act B.E. 2522, etc. This study suggests the following: 1. Interpretation of the definition of " standard Form Contract " of the Unfair Contract Terms Act B.E. 2540 should be made restrictively only to the contract that is introduced by a party in its own business, to be concluded with persons in mass. 2. The determination of the rule and scope of the unfair contract terms by the judge and the Consumer Protection Committee on Contracts should be consistent. 3. The application of the Unfair Contract Terms Act B.E. 2540,e.g. Section 4 paragraph 3, should not be made restrictively by construing the provision in the manner that restricts the power of the judge to apply the Act to the case; specified in the Act only. 4. The determination of the burden of proof of the party who asserts the unfair contract terms and the benefit from such terms should be made by relying on the judgement of the Thai Supreme Court.
