Abstract:
The Financial Institutions are not only Banks but also other forms of Business Entities. They are charging credit their Customer's with that charging credit to be yielded from Customers was interest. In this regard, the amount of interest will include the calculation of compound interest. In principle compound interest is prohibitted except it comes in the case where there are exceptions. There are two cases where the Civil and Commercial Code allows compound interest. The first one is where the interest has been due for not less than one year and there is an agreement allowing compound interest. The second on is that where there is a trade practice allowing the calculation of compound interest in current account or in other similar from of trade. The law of contract to calculate compound interest are current account of contract, overdraft of contract and loan of contract. By make in adhesioncontracts between Financial Institutions and Customers, the author concerns that such contracts including the calculation of compound interest seems unfair for Customers of Financial Institutions as follows.1. An issue concerning about the calculation of compound interest time. The Financial Institutions to take agreement the calculation of compound interest in the Contracts that reasonable can calculate compound interest in the long period it is taking advantage of the Customers.2. An issue concerning about the default interest rate. The Financial Institutions can set the interest rate theirself that is normal interest rate or default interest rate on the notice of the Ministry of Finance about setting the Financial Institutions and Interest rate that they are calculate from Customers and the notice of the National Bank of Thailand about setting the Commercial Banks carry on about the Interest and Discount. In setting default of interest rate, the Financial Institutions would normally be set much different than the normal interest rate. The reason of the Customers will be liabled in the interest that is may be rapeatly accumulated. The liability is able to calculate the default interest rate and the compound interest to calculate of the default rate it is taking advantage of the Customers.The protection customers of Financial Institutions are agreement in thatissue problem. In the present time have the Civil and Commercial Code, theUnfairable Contract Act 2540 B. E. and the Customer Protection Act 2522B. E. (2 nd. Edition) that was improved and refilled 2541 B. E. to protection.But the law that not can good protection of customers.This thesis suggests main issues as follow; The agreement of the calculation of compound interest an issue concerning about the calcu]ation of compound interest time in contract. If set such contracts to be under control of the Customer Protection Act 2522 B. E. It would be capable of correcting a fair in the liability of Customers of the Financial Institutions. So the control of contracts would be setting as conditions of contract adocted by the Financial Institutions, and the agreement an issue about default interest rate. If control by the Ministry of Finance and the National Bank of Thailand set to ceiling default interest rate notice the Financial Institutions and the Commercial Banks carry about that interest, on the Interest Loan of the Financial Institution Act 2523 B. B. and the Commercial Bank Act 2505 B. E.