การนำหลักกฎหมายต่างประเทศมาปรับใช้กับธุรกิจจัดสรรวันหยุดพักผ่อนในประเทศไทย / ทิวานันท์ พสุธาดล = The application of foreign laws on vacation ownership and timeshare business in Thailand / Dhivanant Pasuthadol
Vacation ownership and timeshare business is a distinctive business which combines hotel business with real estate business, and has various types of long-term holiday products and the structure of equity-holders or tenancy, therefore it is necessary to have special legislation (Sui genesis) to be applied for. However, the application of present legislations in Thailand has not been suitable for the distinction of Vacation ownership and Timeshare business, which causes many problems including the application of the provision of Rental Agreement instead of the provision of Purchase Agreement or Leasehold Agreement, the incompletion of consumer protection from the unfair contract due to none of announcement by the Office of Consumer Protection Board that regulates Vacation ownership and Timeshare business being under control, the lack of legislation of business supervisory and inspection, and the problem of real rights. In particular, the special legislation of Consumer Protection of the purchaser of Vacation ownership and timeshare contracts, and special legislation of business and profession in both European Union and the United States of America resolve the problem of type of contract and real rights. It is imperative, therefore, Thailand should improve the Consumer Protection Act and provide the legislation of Vacation Ownership and Timeshare Business Act in order to be applied with the business in Thailand by implementing the principles and concepts of those foreign laws in suitable manner for the purpose of completion and systematic application of law and to support Thai businesspersons to increase their potential of competition in the ASEAN and the world market.
