“Problems in the Interpretation of Administrative Contracts” : The Case of Contract for Public Services and Contract for Providing Public Utilities in accordance with the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E.2542

Abstract

This research had two objectives: 1) to study the concepts, theories, background, and development of administrative contracts in the French legal system, as well as administrative contracts in the Thai legal system specifically related to contracts for providing public services and contracts for providing public utilities under the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542 (1999) and 2) to analyze the laws and seek solutions to problems in interpreting administrative contracts, particularly contracts for providing public services and contracts for providing public utilities. This was a qualitative research study. The findings were as follows. 1) The Thai legal system separated the administrative contracts from the civil contracts upon the establishment of administrative courts under the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542 (1999). This Act defined "administrative contract" as an open definition, meaning there are administrative contracts as prescribed by laws, as well as administrative contracts by nature. The Administrative Court interpreted which contracts were administrative contracts. If there was a jurisdictional issue, the Judicial Service Commission would make the decisive ruling. However, the law did not provide criteria for interpreting which contracts were administrative contracts. 2) The criteria for the entire system of administrative contracts should be developed by providing explanations to the definition of administrative contracts that clearly specify the characteristics, types, or contents that distinguish an administrative contract from a civil contract made by government agencies.