THE APPLICATION OF GENERAL PRINCIPLES OF LAWS IN ADMINISTRATIVE PROCEEDING CONCERNING ADMINISTRATIVE CONTRACTS: THE CASE STUDY OF THE GOOD FAITH PRINCIPLE APPLIES TO CONCESSIONS CONTRACTS AND PUBLICITY UTILITY CONTRACTS.

Abstract

This research studies the application of “Principles of Good Faith” to the adjudication of administrative disputes relating administrative contracts. This study only focuses on studying the case of the concession agreement and the arrangement of utility facilities. The objective is to bring “Principles of Good Faith”, which is the basis of law in every system to prescribe a law written in order to enforce the contract parties in administrative contracts. “Principles of Good faith” are general legal principles, which are important to the entire civil law system. Especially in the matter of contracting in the Thai Civil and Commercial Code, it is found that there are many provisions of “Principles of Good Faith” in order to control the actions and performance of contract parties in accordance with the agreements on the contracts, which may result in an act that is lawful or unlawful. However, in respect of the provisions of administrative contracts in the Act on Establishment of the Administrative Courts and Administrative Court Trial Procedures 1999 of Thailand, there is no determination of Principles of Good faith in relation to the actions of the contract parties. The researcher has suggested the introduction of the “Principles of Good Faith” provisions, which are international ethics accepted by many countries, which are importance to the whole process of the contract creation to determine the enforcement of the administrative contractors by specifying in writing in the law relating to administrative contracts in Thailand.