Legal Problems of Precontractual Liability Legal Problems of Precontractual Liability

Abstract

The Civil and Commercial Code does not clearly define the meaning, scope, and extent of pre-contractual liability. This raises the question of whether a party who suffered damages during negotiations can claim compensation for the damages incurred, and based on which legal principles, as the damage occurred prior to the contract. The objectives of this qualitative research were to: 1) study the principle of pre-contractual liability that parties are responsible for incurring pre-contractual obligations; 2) compare the principle of pre-contractual liability under the German Civil Code and the principle of pre-contractual liability under the Thai Civil and Commercial Code; and 3) propose guidelines for applying the principle of pre-contractual liability in the Thai legal system. This research primarily relies on documentary research, examining legal texts in both Thai and foreign languages, as well as relevant legal articles. The results reveal that the Thai Civil and Commercial Code does not specifically address pre-contractual liabilities in the Thai legal system. Furthermore, there are no Supreme Court decisions or the opinions of most legal experts expressing clear acceptance of the concept of pre-contractual liability in the Thai legal system, as in German law. However, the Thai legal system may be able to apply the provisions of Section 5 of the Civil and Commercial Code on the principle of good faith, by interpreting the law to include the legal principle of breach of pre-contractual obligations, so that a party who acts dishonestly during the pre-contractual period, causing damage to the other party, is liable for his or her own actions. This will serve as a guideline for the application of the principle of pre-contractual liability in the Thai legal system.