UNFAIR CONTRACT TERMS ACT: ANALYSIS OF THE LAW AND SUGGESTION ACCORDING TO THE CONCEPT OF SOCIAL ENGINEERING BY ROSCOE POUND

Authors

  • Kamol Tanchinwuttanakul Department of Law, Faculty of Humanities and Social Sciences, Phranakhon Rajabhat University

Keywords:

Unfair contract, Interpret, Economic, Social Engineering

Abstract

Unfair Contract Terms Act B.E. 2540 was enacted to protect people in society from taking advantage of unfair contracts by superior economic dominance which has been enforced for more than 20 years. From the review of academic opinions and Supreme Court sentences, this law does not have the effect of reducing the advantage in the contract. Although the principles of this law have been adopted in other laws subsequent such as suretyship law or of contracting the law on credit card business, etc. However, it still does not reduce the unfairness enough because lawyers interpret based on the original principles, considering the principle of freedom of contract rather than reducing the advantage of contracts because of superior economic dominance. Therefore, the author proposes the concept of social engineer of Roscoe Pound which is a mindset in reducing conflicts of the interests of people in society to apply and interpret this Act to be fairness in contracts and to reduce economic inequality.

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References

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Published

2021-09-20

Issue

Section

บทความทางวิชาการ (Article)