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The purpose of the Office of the Attorney General to revise the texts of the draft contracts submitted by state agencies for its consideration is to preserve the interests of the state, as prescribed by Section 23 of the Public Prosecution Organization and Public Prosecutors Act B.E. 2553. The interests of the state include not only the benefits of such state agencies, but also government benefits and public interests.
There are three main principles or guidelines that the Office of the Attorney General considers to revise the texts of the draft contracts submitted by state agencies for review, as follows:
Firstly, modification of the texts of the draft contracts in order that they consist of correct and complete terms and contents which are in accordance with the related laws and the intents of the contractual parties;
Secondly, modification of the texts of the draft contracts to ensure that the details of contractual terms are consistent with legal principles; provided that state agencies are entitled to legal benefits without disadvantage as well as in order to more appropriately protect the interests of the state, including both governmental and public interests, and simultaneously, must be fair to all contractual parties as well;
Thirdly, modification of the texts of the draft contracts to ensure that such texts are organized, accurate, clear and concise in legal terms by preventing and correcting vulnerabilities and ambiguities of the draft contracts that may cause problems in the interpretation of the contracts in several ways which may accordingly cause disputes between the parties in order to be the decent contracts and for state agencies to continue administering the contracts effectively in accordance with the objectives of the contracts.
This article aims to provide practical examples of the modification of the texts of the draft contracts for state agencies in accordance with the above principles.
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