Abstract:
The contracts with protective effects toward third parties rule is the contract for protection of the third party that should be able to sue on a contract made with protective effects toward them where it is the intention of the contracting parties that he be given enforceable rights. Considering under Thai Commercial and Civil Code section 374, it is similar to protection for a third party contracts. However, it is the exception of Privity of Contract which must interpret stringently. Therefore, section 374 could not apply to remedy the damage case of third parties whom are damaged by misappropriation according to the contract or default to pay an obligation whereas only parties to contract should be able to sue by a tort law which causes burden of proof to a damaged person unreasonably. Moreover, in case of damage that is not physical injury, a damaged person will not be protected under a tort law. In England, after the promulgation of The Contracts (Rights of Thirds Parties) Act 1999 made third parties had the rights in the contracts whether it be compulsory performance or prosecution a party to the contract directly which protective effects toward third parties more than in the past. In Germany, court had established the rule which a party to the contract had to abide by the contract with carefulness. In section 328 of German Civil Code is the foundation to protect third parties who are injured. This thesis offers to apply the above rule to Thai law by determining the contract characteristics to protective effects toward third parties, the scope of contract, third parties characteristics and the occurrence of third parties rights according to that contract to decrease the burden of proof of third parties who are injured for prosecution by tort laws as well as breach of economical damage problematic.