Legal Measures Regarding the Liability According to the Contract as to the Defects of the Condominium Entrepreneur

Abstract

The study was designed to investigate the damages caused by the purchase of condominiums in the context of Thai laws and foreign laws. The German and British laws clearly explain the damages arising from the purchase of condominiums. Based on the laws of these countries, the researcher attempted to interpret Thai law and to compare Thai law with the laws of Germany and United Kingdom with regard to the damages springing from the purchase condominium of the Based on the investigation of the researcher, it was found that in Thailand there exist the Condominium Act B.E.2522 and the Consumer Protection Act B.E.2522. Even so, the exploitation of the condominium purchasers is stilly prevalent and no legal action can be taken against the exploiter. In the case of the German law, the law provides guidelines for the purchaser to call for compensation due to some damages caused by the purchase of the condominium. In other words, if any damages in the condominium per se occurs, the condominium entrepreneur is obligated to pay the compensation to the condominium purchaser. In the United Kingdom, the ruling of the court states that the damage has something to do with debt default. The debtor is liable for the damage on the condition that he or she could foresee the likely damage. Unlike the British law, the Thai law fails to clearly stipulate the nature of liability in the case of damages caused by the purchase of the condominium. In the case of Thailand, Article 215 is put to use: the purchaser has the right to claim compensation for the damage, and according to Article 222, clause 2, the purchaser has the right to claim compensation for the damage under a special circumstance. That is, the damage that actually crops up. According to the Condominium Act B.E.2522 and the Consumer Protections Act B.E.2522, the nature of damage is not clearly specified and the liability of the seller is not clearly stipulated either. In view of the fact that these laws have some defects, the investigator wants to offer the following recommendations:

1. 1. The nature of the damage caused by the entrepreneur must be clearly defined also, the liability of the entrepreneur must be clarified in the Consumer Protection Act B.E.2522.
2. 2. The right to claim compensation due to the defects of body and property must be clearly stipulated in the laws concerned.
3. 3. The liability of condominium entrepreneur for the damage caused by a special circumstance as well as the damage stipulated in the Consumer Protection Law must be clearly articulated.