Legal Problems Concerning the Duties and Liabilities of Banks for Wrongful Dishonoring of Cheques

Abstract

In this dissertation, the researcher has the following objectives: 1. To study legal principles concerning the duties, as well as the liabilities incurred by banks for the wrongful dishonoring of cheques. A comparison is conducted regarding criteria applicable to the duties and liabilities of banks for wrongful dishonoring cheques in accordance with Thai law and the Uniform Commercial Code of the USA, the principles of the Duties of the Banker of the UK, and the French Monetary and Financial Code. 2. To analyze problems which arise in cases in which the law does not determine criteria for the liabilities incurred by banks for wrongful dishonoring cheques, in addition to the advantages and disadvantages of determining the duties and liabilities of banks for the wrongful dishonoring of cheques. 3. To proffer appropriate measures to be used as guidelines in amending and developing the Civil and Commercial Code in respect to bills of exchange issued in the form of cheques. In this research, qualitative research was conducted through documentary research and in-depth interview. Theresult was as follows: the bank of the payer must be liable for customers incurring tortious damages if the bank wrongly assumes it can avoid such a state of affairs.