The direction towards Administrative Contracts in according with thai legal system

Abstract

          When the Constitution of the Kingdom of Thailand, B.E. 2540 was promulgated, the Administrative Court was established in order to handle administrative case which is not within the jurisdiction of the Court of Justice. Under the Act on Establishment of the Administrative Courts and Administrative Court Procedure B.C. 2542, the Administrative Court was established in order to try and judicate administrative case. Nevertheless, the method to differentiate the administrative contract from contract that falls under the Civil and Commercial Code which is now of greatest significance should be set up since any dispute relating to administrative contracts shall be fallen within jurisdiction of the Administrative Court. Hence, the criteria to determine the type and characteristic of administrative contract should be clearly established.

          Administrative contract is not merely defined by the law, on the contrary, there are a multitude of rulings which govern acquisitions. First and foremost, the Supreme Administrative Court of Thailand has also characterized various contracts as an administrative contract in its ruling. Besides, since the Administrative Court has been operated, the office of the Secretariat of Committee on Jurisdiction of Courts, upon its ruling, has also viewed the type of administrative contract differently. This article discusses the development of administrative contracts as well the characteristic of the afore-mentioned contracts.  To a great extent, the revolution of administrative contracts arising from the principles from the judicial decisions of the relevant judicial bodies has also been focused in the present work by comparing them with the judicial decisions in other countries. The author presents proposition that the judicial decisions of the relevant judicial bodies concerning the administrative contract should be added to the sources of law for further clarity.