ปัญหาทางกฎหมายเกี่ยวกับการจอง : ศึกษากรณีการจองบ้านหรือรถยนต์ / นัฏนันทน์ วรวงศ์วรรณา = Legal problems on reservation : a case study on reservation of house or car / Nattanan Worrawongwanna
There is no provision for reservation in Thai legal system, only the Supreme Court’s judgments in various cases relating to reservations - having both the cases the Supreme Court ruled the reservation a contract to sell and to purchase and the cases the Supreme Court did not clearly characterize the legal status of the reservation. Therefore, the legal status of a reservation of property, especially that of houses and cars often occurred in practice, has not been clearly defined in Thai laws whether it is considered a contract or not. If it is, there is no clarity for what kind of contract it would be and what legal effect it should have. The study shows that a reservation of house or car is intended by the reservation maker and the reservation grantor to have a preliminary legal binding before the reservation maker and grantor make a future contract such as a contract of lease, a contract to purchase and to sell, or a sale contract. But in practice, the nature of a reservation of house or car varies with the necessities and demands of the reservation maker and grantor to reach each individual objective. Under the principles of Autonomy of Will and the Freedom of Contract, the legal status and effect of a reservation of house or car differ on situations; either having initiated “a complete contract” or “a contract to make a contract” which often require an earnest or designate a penalty; or having no legal binding as in a contract if being considered an initial agreement which may or may not have a penalty. This study proposes that deciding the legal status of a reservation of house or car should be done by interpreting the provision 171 on autonomy of will and provision 368 on interpretation of contract in the Thai civil and commercial code. The effects of reservations may create unfairness to the reservation maker when dealing with the reservation grantor in the car or house dealing business; hence the announcement on Proclaiming the Car Dealing Business with Reservation a Contract Control Business B.E. 2551 by the Contract Committee. Further, there should be a control over the house reservation contract by drafting the announcement on Proclaiming the House Selling Business with Reservation a Contract Control Business B.E. … . This thesis also suggests methods for making a house or car reservation in Thailand which may be useful for both the reservation maker and grantor.
