ปัญหาทางกฎหมายเกี่ยวกับความเหมาะสมของพินัยกรรมแบบอิเล็กทรอนิกส์ในประเทศไทย

Abstract

        This article examines a legal problem on Suitability of Electronic Wills in Thailand. Related provisions of the Electronic Transactions Act, Buddhist Era 2544 (2001), the Royal Decree on Civil and Commercial Transaction  Excluded from the Application of Electronic Transaction Law, Buddhist Era 2549 (2006), and the Civil and Commercial Code of Thailand were studied and compared to the applicable provisions of electronics wills in Nevada, Florida of The United States, Queensland, New South Wales of Australia, South Africa, and India to find solutions for Thailand.

         The study shows that the Royal Decree on Civil and Commercial Transaction Excluded from the Application of Electronic Transaction Law, Buddhist Era 2549 (2006) Section 3 provides that the electronic transaction act B.E.2549 is prohibited to apply for succession’s transaction and results in appropriation of electronic wills law in Thailand’s problem that is to say the law is out-of-date and cannot respond to daily routine support with technology especially making a legacy by electronic method. It causes the people cannot make a will in Thailand.

         To solve a problem mentioned above, this article recommends that the example of The United States should be applied, and can develop into recommendations by abolishing the Royal Decree on Civil and Commercial Transaction Excluded from the Application of Electronic Transaction Law, Buddhist Era 2549 (2006).