A STUDY OF CRITERIA OF COMMERCIAL LAW IN THAILAND

Abstract

         In both academic and practical spheres in Thailand, there is no explicit criteria to separate the civil and the commercial laws. Furthermore, there is no ‘Commercial Code’ in Thailand. This research is a qualitative research that aims to study and analyze 1). The problems regarding the separation of the fundamental concepts of the commercial law in Thailand 2). The characteristics of the commercial laws in the Federal Republic of Germany, the French Republic, and the United Kingdom 3). The proposal of the criteria of the legal relationship under the commercial law in Thailand. The findings of the above purposes shall initiate the modern academic innovation and the practices for Thailand in this regard.

          According to the study, the commercial law consists of the following elements 1). One party of the contract is the merchant 2). The legal binding force between the parties in the sphere of the commercial law is created by the juristic act, as in the civil law 3). The pursuit of the profit is the common purpose of the commerce 4). The merchant has the dominant economic bargaining power over the other party of the contract 5). Having the trade customs 6). Having the supervision by the state and the suitable commercial procedural law for the commercial trade which requires the convenience, the speed, the fairness, the ability to enforce by law, and the confidentiality of the trade secrets.  The research proposes that the legislative function of the state shall enact the Commercial Code and the Commercial Procedural Code without delay, in order to serve the commerce and set the standard for the commercial dispute resolution, to enhance the confidence in the realm of the domestic trade, and the international commerce. Which has now reached the level of commerce in the digital era.