UP Law Journal

Legal Frameworks for Regulating Open Burning in ASEAN Member States

singhanat sangchaiya — 2025-06-27

The problem of haze caused by open burning, particularly forest fires and the burning of agricultural residues in ASEAN member states, has become an ongoing environmental and public health crisis in the region. It has generated widespread economic, social, and health-related impacts. This article examines the domestic laws of ASEAN member countries concerning the regulation of open burning, excluding Thai legislation,
in order to identify the strengths and weaknesses of each legal system. The analysis focuses on the stringency of legal measures, effectiveness of law enforcement, and the extent of public participation. The findings aim to provide guidance for the future development of Thailand’s legal framework on this issue.

The Doctrine of Change of Contractual Foundation: A Comparative Civil Law Perspective

Natthawee Neammee — 2025-06-27

This article aims to contribute to academic knowledge through a comparative study of the application and interpretation of civil law in Thailand, the Federal Republic of Germany, France, and England. The author seeks to extract interpretative and applicative approaches under the current civil law systems, focusing on the duties of the contracting parties and the legal effects of contracts in situations where the contractual foundation is altered due to unforeseen circumstances. The study reveals that Thai law currently lacks specific provisions to address such cases. The application of existing provisions may, in certain respects, lead to inconsistencies and legal uncertainty. Accordingly, the author proposes amendments to Thai civil law by incorporating selected foreign legal principles studied in this article. These proposed amendments aim to better reflect the Thai social context and to ensure fairness and justice for contracting parties.

Enhancing Student Development through Experiential Learning in the Community Legal Education Clinic Course

ปิยอร — 2025-06-27

This qualitative research aims to: (1) analyze how experiential learning enhances students' ability to appropriately and practically apply legal knowledge in social contexts; (2) examine how experiential learning contributes to the development of students’ professional legal skills; and (3) assess how experiential learning cultivates positive attitudes toward the value of legal knowledge dissemination for the public good.

Data were collected and analyzed through a descriptive approach, drawing from academic texts, research reports, theses, Thai and international websites, and reflective journals written by students. These reflections were used as a tool for both student self-assessment and instructor evaluation of learning outcomes and student progress.

The findings indicate that: (1) experiential learning enables students to meaningfully apply their legal knowledge and instructional planning skills to community legal education in a practical and context-appropriate manner; (2) it plays a critical role in fostering students' legal counseling and problem-solving abilities, as well as their capacity to adapt participatory legal teaching tools effectively; and (3) it helps instill a strong sense of social responsibility and positive attitudes in students toward the dissemination of legal knowledge, reinforcing their roles as socially engaged legal professionals committed to public service.

The Legal Problem of Dormitory Rental under Dormitory Act (B.E.2558): A Case Study of Private Dormitory.

Worraluck Muangchoo — 2025-06-27

Abstract

This legal research examines the Dormitory Act B.E. 2558 in the case of private dormitory. Focusing on tenancy agreements in privately owned dormitories, the Act plays a significant role in safeguarding the welfare of children and youth pursuing education while residing in dormitories by ensuring they are provided with proper care and a conducive living environment. Effective implementation of the Act requires collaboration among various governmental agencies.

The primary objective of this study is to examine the conditions and legal issues associated with tenancy contracts under the Dormitory Act B.E. 2558, with a specific focus on private dormitories located near the University of Phayao. The research investigates whether the tenancy agreements comply with legal requirements and whether their contents adhere to the provisions of the Act. The ultimate goal is to propose solutions that will help dormitory operators comply with the law appropriately and effectively, thereby protecting the rights and welfare of youth residents and preventing legal liabilities for dormitory operators.

The study identifies the following key issues: (1) Registration Issues, many private dormitories near the University of Phayao are not registered by the Act, possibly due to a lack of awareness or deliberate non-compliance by operators; (2) Written Contract Requirement, despite the legal requirement for tenancy contracts to be in writing, many dormitories still fail to fulfill this obligation; (3) Lack of required facilities, although the law mandates the provision of facilities such as dining areas and guest reception areas, most dormitories only provide accommodation and basic administrative contact; and (4) Gender-specific dormitory classification, the Act requires dormitories to be designated as either male or female; however, mixed-gender accommodations are commonly found in practice.

Based on the findings, the researcher offers the following recommendations:
(1) Incentivizing registration, government agencies, and the Dormitory Promotion Committee should offer benefits and support such as tax incentives, financial aid, materials, or equipment to registered dormitories, not just those officially recognized for excellence. This would encourage compliance and reduce the operational burden of meeting statutory standards. Simultaneously, strict inspections and penalties should be enforced for non-compliant dormitories; (2) establishing a Dormitory Operators' Association, a dormitory operators' club near the university should be formed, with collaboration from relevant agencies and the university itself, to serve as advisors and support the proper formation of legally compliant tenancy contracts; (3) Improvement of facilities, government agencies should conduct inspections and require dormitories to install legally mandated facilities, enforcing penalties against non-compliant operators; and (4) Amendments to the Dormitory Act, legal amendments should be introduced to impose clearer penalties for violations related to dormitory classification, alongside regular inspections by state authorities to ensure consistent enforcement.