MODEL LAW ON INTERNATIONAL TRADE

Abstract

The purposes of the research of the model law on international trade were (1) to investigate the concepts and principles related to international trade, (2) to explore the legal measures of Thai law, international laws and foreign laws on international trade, (3) to analyze the problems on international trade; and (4) to draft the model law on international trade. This research used a qualitative research method. The instruments were the research documentary and the in-depth interview.

The findings revealed that the usage of concepts, principles, and theories of the model law on international trade, Thailand does not legislate a specific law on international trade on the sale of goods. The Civil and Commercial Code, Book III, Title: Sale, must therefore apply in Thailand. However, such Thai law does not comply with the popular in international trade. The international trade therefore has an obstacle for Thai businesspeople who enter into an international sales contract with business people in other countries, which are the members of the United Nations Convention on the International Sales of Goods.

Therefore, the researcher would like to propose the model law on international sale of goods with the legal structure as follows; (1) definition, (2) section 1: general provisions, (3) section 2: transfer of ownership, (4) section 3: liabilities of sellers, (5) section 4: liabilities for defects, (6) section 5: duties of buyers, and (7) section 6: termination of contract.