Guidelines for the Development of Consumer Protection to Ensure Fairness in Contract Formation in All Aspects

Abstract

    This research aims to study and analyze foreign legal provisions and measures concerning consumer protection to ensure fairness in contractual relationships, with a comparative perspective on the laws and measures in Thailand related to consumer protection in contractual matters. The objective is to propose recommendations for improving relevant laws and measures to ensure comprehensive and equitable protection for consumers in all aspects of contracting. This study employs a qualitative research methodology, utilizing documentary research from the laws of the European Union, the Commonwealth of Australia, and the United Kingdom as model legal frameworks for comparative analysis. Additionally, data were collected through in-depth, purposive interviews with nine key informants. The data were analyzed by comparing international approaches and synthesizing information obtained from the interviews to support the research's recommendations.

          The findings reveal significant issues in Thailand’s consumer protection concerning contractual fairness. These include problems arising from business operators, consumers themselves, contractual clauses, and the provision of protection in electronic contracting. When compared with the legal frameworks of the European Union, the Commonwealth of Australia, and the United Kingdom, it becomes evident that achieving fairness for consumers in Thailand requires revising the criteria for determining unfair contract terms to reflect the diversity of consumer profiles and contexts.

          The study recommends developing specific guidelines for drafting consumer contracts to enhance fairness. It also proposes establishing concrete measures to protect consumers engaging in electronic contracts or transactions.