Naresuan University Law Journal

Enforced Performance in Kind in the Modern Civil Law System: A Study of the Reformed French Civil Code

Methaya Sirichit — 2026-06-23

The doctrine of enforced performance in kind (or specific performance) has long stood as a cornerstone of private law within the civil law tradition. However, the increasing complexity of modern contractual relationships has exposed the rigidities of this doctrine. Civil law jurisdictions have thus been compelled to re-evaluate the fairness and reasonableness of the traditional doctrine of contractual enforcement, especially considering evolving social and economic needs. This study focuses on the reformed French Civil Code as a case study of an on-going trend among civil law jurisdictions in making their approach to contractual enforcement more consistent to the context of the modern world while preserving the core principles of the tradition.

The 2018 reform of the French Civil Code illustrates shows the legislators’ intent to remain committed in the principle of contractual justice (la justice contractuelle) by aligning the law of contract and obligations with the needs of a modern society – in which contract has assumed an important role as a tool for private ordering – without discarding the French Civil Code’s ideals of supporting the freedom of contract along with the protection of a weaker party. Notably, it incorporates the principle of proportionality and the doctrine of imprevisión (changed circumstances) as limitations on
a creditor’s right to enforce performance. These changes signify a broader civil law trend: recognizing that the creditor’s ability to demand strict performance must be tempered by considerations of fairness, allowing the defaulting party more excuses to eschew the promised performance.

The study recommends that the Thai law of obligations should undergo
a similar reform to ensure that the Thai law remains flexible and fair for the weaker party. Legislators should incorporate the doctrines of proportionality and changed circumstances (imprevisión) to reflect modern expectations of equity and balance in contractual relations – without sacrificing the foundational values of the law of contract and obligations, namely legal certainty and freedom of contract.

The Challenges Faced by the International Community in Drafting a Global Plastics Treaty and Thailand’s Proposals Regarding the Treaty’s Formulation

Pannavit Tapaneeyakorn — 2026-06-23

The plastic crisis is a severe global issue that affects all nations. In response, the international community has endeavored to establish a Global Plastics Treaty. Although the most recent round of negotiations took place in Busan, South Korea, from 25 November to 1 December 2024, the treaty has yet to be concluded due to ongoing conflicts among states. This article aims to address three main objectives: First, to analyze inter-state conflicts that hinder the successful formation of the Global Plastics Treaty; second, to examine the limitations of existing treaties; and third, to explore Thailand’s role and proposals in this context. As for the inter-state conflicts, each group of states holds differing interests, making it difficult to reach a compromise. A key limitation of existing treaties is that they do not specifically focus on addressing the plastic problem. Regarding Thailand’s role and proposals, the author argues that Thailand has played a significant role in the treaty negotiations from the outset. Furthermore, Thailand’s proposals align with the life-cycle approach to plastic management.

Regulating Non-Fungible Tokens (NFTs) within the Framework of U.S. Securities Law

Amares Krabuansin — 2026-06-23

Although Thailand has enacted the Emergency Decree on Digital Asset Businesses B.E. 2561 (2018) to regulate certain types of digital asset offerings and trading, the regulatory framework concerning non-fungible tokens (NFTs) remains unclear. Due to their diverse and unique characteristics, NFTs may not fall squarely within the existing legal definitions, thereby necessitating complex interpretation and case-by-case rulings by the Securities and Exchange Commission of Thailand (SEC) to align with the applicable law. This is particularly problematic when NFTs resemble “securities” or are used as instruments for fundraising, which may result in legal ambiguities, investor protection concerns, and broader implications for national economic stability. In contrast, the United States is able to apply the Securities Act of 1933 by analyzing whether NFTs constitute “securities” in the form of “investment contracts” based on the criteria established in the landmark case of SEC v. W.J. Howey Co. Accordingly, the author proposes that Thailand should evaluate the scope of the definition and appropriate regulatory criteria for NFTs by adopting the Howey Test, developed by the U.S. Securities and Exchange Commission, to ensure legal clarity and support the stability of the digital asset market in Thailand.

A Critical Analysis of the Legal Framework Governing Dispute Boards in Construction Contracts: An In-Depth Analysis of Dispute Adjudication Boards and Dispute Review Boards in the Context of Thai Law and International Standards

Pongkan Kongsee — 2026-06-23

This article aims to conduct an in-depth legal analysis of issues concerning dispute
boards in construction contracts, with particular focus on the Dispute Adjudication Board (DAB) and the Dispute Review Board (DRB) within the context of the Thai legal system. At present, Thailand lacks a specific statutory framework that clearly defines or regulates this form of dispute resolution mechanism. The study adopts a comparative legal approach, examining the international standard form of contract developed by the Fédération Internationale des Ingénieurs-Conseils (FIDIC) alongside the Draft Act on the Resolution of Payment Disputes in Construction Contracts, which is currently under consideration in Thailand. The analysis highlights the legal status, enforceability, independence, efficiency, and economic cost-effectiveness of dispute boards. A key finding reveals that, in the absence of specific legislation, the operation of DABs and DRBs in Thailand relies solely on the contractual agreement between the parties, and their enforceability must be linked to the arbitration process under the Arbitration Act B.E. 2545 (2002) to be effective in practice. The article further expands its analysis by incorporating comparative case studies from Asian jurisdictions and other countries with dedicated legislation, as well as by assessing emerging trends in the development of dispute board mechanisms. It concludes that enhancing the proposed Draft Act should not only provide disputes arising from payment but also covers, all types of disputes arising from construction contracts which would strengthen the overall effectiveness and applicability of the mechanism. Such reform would contribute to greater legal certainty and economic stability in Thailand’s construction industry, particularly in the post-crisis era in which government policy emphasizes large-scale infrastructure investment as a means of economic stimulation.

Appropriate Legal Measures for Managing Intellectual Property Licensing Agreements in Bankruptcy Cases

Mata Sindam — 2026-06-23

This research article analyzes appropriate legal measures for managing intellectual property licensing agreements in bankruptcy cases, with the purpose of protecting the contractual parties from disproportionate effects resulting from one party’s insolvency. The studies revealed that intellectual property licensing agreements possess certain qualities that set them apart from ordinary contracts and have significance for national growth via the ongoing use of intellectual property. The Bankruptcy Act of 1940 does not explicitly address intellectual property licensing agreements, in contrast to U.S. bankruptcy law, which prioritizes the protection and remuneration of individual contracting parties and the advantages to the nation from allowing licensees to utilize intellectual property during bankruptcy proceedings. To optimize the advantages of managing intellectual property licensing agreements for the debtor’s estate in Thailand, mitigate disproportionate effects on the other contracting party, and for the benefit of the nation, the researcher proposes that the Bankruptcy Act B.E. 2483 should be revised to incorporate explicit guidelines and methodologies for managing intellectual property licensing agreements, along with a distinct categorization of various types of such agreements.

A Proposal for Parliamentary Reform in Thailand: Toward a Qualified Unicameral System Through Comparative Analysis of International Experiences

Wasin Yimyam — 2026-06-23

This research article constitutes part of a comprehensive study entitled
“Proposals for Parliamentary Reform in Thailand: A Comparative Analytical Perspective,” which examines constitutional deficiencies and appropriate approaches for reforming Thailand’s legislative framework through doctrinal research methodology and comparative constitutional analysis with parliamentary systems in Norway, New Zealand, France, and Japan. The study identifies three critical constitutional problems: first, the lack of constitutional continuity in parliamentary development resulting from frequent unconstitutional interventions, which have led to legislative structures designed to preserve the interests of ruling elites rather than uphold the rule of law and democratic constitutionalism; second, the constitutional legitimacy crisis of the Senate under Article 107 of Thailand’s Constitution B.E. 2560 (2017), which mandates senatorial appointment
through selection rather than popular election, thereby breaching the principle of democratic representation and creating institutional conflicts with the popularly elected House of Representatives; and third, the complex electoral provisions that fail to ensure genuine popular sovereignty and electoral accountability. Consequently, this research proposes constitutional reform toward a Qualified Unicameralism system based on the Norwegian constitutional model, comprising 500 members elected entirely through direct popular suffrage under constitutional provisions, divided into 350 constituency-based representatives and 150 proportional representation list members. For constitutional amendments or consideration of significant legislation, the parliament would be constitutionally divided into a Consultative Assembly of 125 members with specialized legal expertise and a Main Assembly of 375 members. This reformed constitutional framework would eliminate inter-chamber conflicts, as all members derive their mandate from direct popular election under constitutional authority, ensuring equal constitutional legitimacy, enhance legislative efficiency by eliminating duplicative constitutional procedures, while maintaining constitutional safeguards through the Consultative Assembly for critical legislation, thereby achieving both constitutional efficiency and constitutional prudence in the legislative process.

Divergence of Legal Opinions on the Sequence in Criminal Liability Determination under Thai Criminal Law

Poollarp Kunta — 2026-06-23

This research articles has the following objectives: (1) to study the sequence of criminal liability adjudication in Thailand based on the theoretical framework of criminal liability according to the legal theories of Thai jurists as found in the criminal law commentaries and textbooks available in Thailand, (2) to the evaluate how the views of Thai jurists contained in these text books comport or contradict with one another and whether they results in the uncertainty of how criminal liability is determined, (3) to clarify the views of Thai jurists regarding the determination of liability under Thailand’s criminal liability framework (4) to apply the research findings by incorporating the findings into the curriculum of Special Topics on Criminal Law class, and (5) to integrate research activities in the curriculum and teaching of criminal law at the Faculty of Law, Naresuan University. This study finds that (1) There are differing views regarding the sequence of criminal liability adjudication under Thai criminal law, with three main legal theories as follows: (1.1) adopting the French criminal liability structure in determining criminal culpability into the Thai law, (1.2) adopting the German criminal liability structure in determining criminal culpability into the Thai law, and (1.3) fashioning an original theoretical structure of criminal liability of Thailand; (2) the principles of criminal law and steps for determining the criminal liability that most suitable and congruent with the Thai criminal law consists of six legal principles, namely (1) there is an act within the meaning of the criminal action (2) mental requirements (3) acts constituting an offence (4) causality between an action and an outcome (5) exceptions to liability (6) exceptions to penalty or impunity.

Necessity and Legislative Approaches for Enacting Specific Laws to Protect Women from Violence

Warapat Rattanapanich — 2026-06-23

This research article examines the legal issues arising under Thailand’s Family Institution Promotion, Development and Protection Act B.E. 2562, focusing on its lack of clarity in its enforcement. It also compares and analyzes relevant laws from the United States, Australia, Germany, and Thailand. The research relies on qualitative documentary analysis through the review of legal texts, academic publications, and scholarly materials. The findings reveal that Thailand’s Family Institution Promotion, Development, and Protection Act B.E. 2562 contains several ambiguities that create multiple challenges in its enforcement, including protection orders that fail to provide adequate protection for victims and ineffective assistance measures for rape victims. A comparative analysis indicates that the legal systems of the United States and Germany have enacted specialized statutes addressing violence against women. While in Thailand, applying Thailand’s Family Institution Promotion, Development and Protection Act B.E. 2562 to address violence against women has resulted in inadequate assistance for victims. Therefore, this research proposes the establishment of a specific law addressing violence against women. Such legislation should include: (a) the provision of specialized support services for victims of sexual violence, and (b) increased penalties for repeat offenders in cases of online sexual harassment.