Formal requirements for international commercial contracts : comparative study between Thai and foreign laws

Name: Atit Chansawang

keyword: Formal requirements

; International commercial contracts

; Contracts for the International Sale of Goods (CISG)

; Freedom from forms requirements

Abstract: At present, formal requirements are significant to business transactions. They are formalities as to writing or written evidence required by laws for certain contracts. They aim to protect contracting parties from fraudulent actions conducted by the other parties and ensure peace in society. Despite such significance, formal requirements have appeared to lose merits in international transactions in view of modern and convenient means for conclusion of contracts by trading parties. Under the “Freedom from Forms Requirements” concept, no formalities are required for international commercial transactions. Any type of evidence is allowed to prove the existence or the content of the contract. However, in Thailand, the problem exists in formal requirements for contract for international sale of goods. Section 456 Paragraph 3 of the Civil and Commercial Code (CCC) of Thailand is commonly used by the courts to decide cases. For enforcement, it requires the presence of written evidence signed by liable parties. This provision does not offer a satisfactory remedy or enforcement to the injured parties who lack written evidence. The study of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the uniform law for international sale of goods contracts, shows that Article 11 of this international instrument requires no formalities for conclusion of a contract. Moreover, the other international instruments, such as Principles of European Contracts Law and UNIDROIT Principles of International Commercial Contracts 2010 have the same concept as in the CISG. They declare that commercial contracts can be formed without formalities as in Section 456 Paragraph 3 of the CCC. Since Thailand has retained formal requirements for conclusion or enforceability of contracts of sale including a contract for international sale of goods, the solution to this problem is to amend Section 456 Paragraph 3 of the CCC by adding a new paragraph for particular application to a contract for international sale of good. This new paragraph should specify that the formal requirement embodied in Paragraph 3 shall not apply to an international sale of goods contact. For long-term development of international trade in Thailand, ratifying the CISG would be advantageous in making Thai international trade more acceptable from the viewpoint of foreign trade partners

Thammasat University. Thammasat University Library

Address: BANGKOK

Email: preserv@tu.ac.th

Name: Pinai Nanakorn

Role: advisor

Created: 2015

Modified: 2021-10-04

Issued: 2021-10-04

วิทยานิพนธ์/Thesis

application/pdf

DOI: 10.14457/TU.the.2015.455

eng

DegreeName: Master of Laws

Level: Master's Degree

Descipline: Business Laws

Grantor: Thammasat University

©copyrights Thammasat University

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