A JURISTIC ACT CONTAINING LINGUISTIC ELEMENTS EXPRESSING INTENT OF WHICH THE CONTRACING PRARTY IS UNFAMILIAR

Abstract

This article focuses on the problem of applying and interpreting the law to protect illiterates. It studied doctrines and theories of relevant provisions by comparing with legal principles in relation to the protection of the correctness of actual internal intention and apparent intention of English law, Australian law and the and the Draft Common Frame of Reference (DCFR), establishing criteria and protection for the true intentions of illiterates, which may serve as guidelines for amending the law.

This provides an opportunity for apparent intentions of Thais or foreigners not corresponding with true intention in an internal intention due to ignorance or lack of expertise in communication and comprehension in a foreign language. Therefore, a juristic act containing linguistic elements expressing intent or with which the contracting party is unfamiliar gradually more frequent.

In protecting declaration of intention in a juristic act containing linguistic elements expressing intent of which the contracting party is unfamiliar, apparent intention did not correspond with true intention in an internal intention. Yet recipients of intent knew, or should have known, the true inner intention. This case is termed falsa demonstratio non nocet (a false description does not void a document, as long as the intent is clear). A juristic act occurring completely without defect in intent may contain misunderstandings in communication involving linguistic elements expressing intent or with which the contracting party is unfamiliar.