Collateral problems in accordance of Commercial Collateral Act B.E.2558

Main Article Content

Rawiwan Thawitsang
Wariya Lamlert

Abstract

The purpose of this research is (1) to study concepts. And the evolution of the collateral According to the Business Security Act 2015 (2) for comparative analysis between the Business Security Act 2015 and the British Floating Charge law and Article 9 (Secured Transaction Uniform Commercial Code: UCC) of the United States of America ( 3) To analyze the problems of business collateral, providing collateral, notification, enforcing the collateral both the business and property according to the Securities and Exchange Act 2015 (4) To propose guidelines or legal measures suitable for business collateral. Provision of collateral, notification of enforcement of collateral, both business and property according to the Business Security Act B.E. 2015. This research is qualitative. By being a Document Research, it was found that the Business Security Act 2015 still has many flaws, whether it is a legal issue relating to the person involved in the contract. Results of contracts and legal relations between the security provider and the security receiver problems regarding rights and duties between the security provider and the security receiver and third parties and problems with the enforcement of collateral The method of solving the problems presented by the students is only one way to solve the problems. If any amendment to the provisions of this Business Security Act is necessary, it is necessary to ask the opinion of the business sector and other relevant parties. To be aware of problems in practice. To make the amendment of the said act complete and beneficial for both the security receiver and the security provider and in other areas.

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How to Cite
Thawitsang, R., & Lamlert, W. . (2020). Collateral problems in accordance of Commercial Collateral Act B.E.2558. Rajapark Journal, 14(33), 270–285. Retrieved from https://so05.tci-thaijo.org/index.php/RJPJ/article/view/236242
Section
Research Article

References

Goode, R. M. (1990). Princeciples of Coporate Insolvency Law. London: Sweet & Maxwell.

Minutes of the Council of State Meeting. (2009). (Special Committee) No. 1 (1/2009), document number 1, page

7, Tuesday 11 August 2009, at the Sompop Hotrakit Meeting Room, Floor 4.

Office of the Council of State. (2002). Memorandum of the Office of the Council of State with the Draft Business

Security Act B.E. ... and the Draft Amendment of the Civil and Commercial Code (No. ...) B.E. ... Subject

completed 736/2545. Office of the Council of State.

Srisattayakun, P. (1990). Draft of Security Contract Workshop document on negotiation techniques and drafting

business contracts. Bangkok: Chulalongkorn University.

Tansiri, P., Wisetkosin, S. & Sirinil, C. (1998). Explanation of the Civil and Commercial Code governing mortgage

guarantees, pledge, extreme rights and preferential rights. Bangkok: Ramkhamhaeng University Press.