SOME LEGAL ISSUES REGARDING ADMINISTRATIVE CONTRACTS

Abstract

This academic article aims to study the principles of administrative contracts in Thailand in terms of their meaning, composition, and rulings of the Inter-Court Judicial Commission and Supreme Administrative Court. By comparing the principles and meanings of administrative contracts in France, it was found that the definition of administrative contracts in Thailand lacks clarity, especially the contracts that provide public services or contracts that provide public utilities, or contracts with a private person assigned to perform a public service, like in a country with a civil law system. As a result, the interpretations of the arbitral organizations on administrative contracts are inconsistent. It is different from other countries, especially France, which is Thailand's model for both the judicial system and the Administrative Court. The types of contracts are clearly defined in order to allow the courts to judge cases according to the same norm.  Therefore, the definition should be added. Administrative contracts shall include contracts in which a private entity is assigned to manage state assets, either in whole or in part, to ensure that the interpretation of administrative contracts is the same. which will lead to a line of judgment that is certain and maximizes the benefit of the people.