The Measurement of Solving Problems for Protecting Consumers in Case of the Defected Products after Delivery

Abstract

           At the present time, the Civil and Commercial Code on the defect in Section 472 to Section 474 define several definitions of the word “defect” and can be exempted from the liability. Therefore, it is a burden to consider the liability for defects that occur after product delivery. According to Section 472, the Civil and Commercial Code broadly stipulates the general nature of the defective property which the seller has to be liable for and one of the following cases is The property is a property that causes deterioration or deterioration of the purpose for the intended use or deteriorate to suit the deterioration or deteriorate the purpose of the contract in addition, this defect must has been existed before or since the trading time If the defect appears is later, it may become a case of breach of contract or if the seller delivers the wrong property or become a transfer of risks in a disaster, as the case may be, but not in the case of a defective supplier.

           Therefore, the burden of proof of defects in defects is another factor that results in the implementation of the process the legal issue of the buyer caused problems to prove the defects that occur, it requires high technical expertise. Whether it is engineering techniques or product design techniques which are difficult for consumers to be able to prove the seller's liability of the product, but it is difficult to proceed with the consumer's consideration process, which is different from that of the international burden of proof belonging to the seller of the goods, not the burden of proof of the consumer which the seller must prove to the court that he did not cause such defects Otherwise, it is a definite assumption that the seller is causing the defect.

           In the United States, there is a law that deals with the purchase of a product called Lemon Law, a slogan that indicates a damaged item, even if it is repaired, but is still damaged. The law of the United States applies to cars, that is, vehicles that are defective after delivery. When the defects are found, the seller is liable for repair or the consumer can terminate the contract by reducing the amount of depreciation from the use of the consumer and gives the buyer the right to replace the item or get a refund. within 6 months from the purchase. The burden of proof is on the seller's behalf to prove that he did not cause defects in the goods.

          In Germany, the law on the purchase of new products has been amended to improve the law in order to keep up with the changing dynamics of the global competition by correcting the liability for defects. The product that is defective from the production is a product that cannot be repaired as it was. The solution to these problems cannot be solved by using such insurance. This is throwing a risk of liability to consumers. Therefore, it is necessary to amend the law in Thailand on the liability of defected goods after delivery in order to benefit economics and reduce case in the court. If the damage was repaired by other means without the power of the court it would positively result in the relationship of the purchase of goods between the entrepreneur and the consumer and it would affect the confidence in the purchase of goods and the resolution of the dispute to end it. Therefore, the law on liability for defects shall be amended by studying the cases of defective goods after delivery.