ADMINISTRATIVE CONTRACT: LEGAL ISSUE PUBLIC OFFICIALS SHOULD REALIZE PRIOR TO SIGNING STUDY GRANT CONTRACTS

Abstract

As public officials are an important mechanism for civil services and a crucial human resource for national development, those with as high capacities as their position and responsibilities are required. Advanced education is therefore indispensable to enhance knowledge and specialization. Encouraging public officials to further education is necessary, and all governmental organizations have regulations to allow staff to take a study leave and sign a contract for study grant. The contract is considered an administrative contract since its characteristics differ from other contracts in general. Until recently, problems on breaching study grant contracts and its prosecution have usually occurred in various media, affecting grant holders, providers and the country as a whole. Should the soon-to-be grant holders understand legal issues on the contract, they will realize and be careful not to violate it. Doing so will be beneficial to the grant holders themselves, the grant providers and the country because the holders will use the grant to improve themselves and use knowledge for national development and helping others.

This article aims to enable readers to understand principles of administrative law concerning study grant contracts and how public officials receive the study grant, particularly specific characteristics of the contracts, suretyship contracts, jurisdiction, prosecution and limitation as well as liability and fines under contracts. The author has explained legal principles along with examples from contract terms as well as decision, order or judgement of the Supreme Administrative Court of Thailand.