Development of the Tort Law on the Joint-liability of the Legal Spouse in Thailand

Abstract

This research aims to study the concept and principles of tort liability, especially tort liability arising from the actions of another person, which derives from the assumption of legal liability due to the idea that the person may be at fault for the damage to another person or supervision is negligent, resulting in the damage. This research is qualitative research, emphasizing document research by studying and researching from books, research works, theses, as well as legal provisions related to vicarious liability, both in Thai and foreign languages. Various data are studied and analyzed to develop the law on tort liability. The study found that the law has prescribed vicarious liability in many cases, considering the relationship according to the law, according to the contract, according to the duty in a special position, such as the liability of employers and employees, the liability of principals and agents, the liability of parents, the liability of teachers, but there was no case of liability of legal spouses, who are considered persons with a legal relationship between them according to the law, which creates rights, duties, and liabilities. For this reason, it is appropriate to amend and improve the law, especially in the matter of liability for torts resulting from the actions of another person in the case of spouses, to develop and be consistent with social conditions, increase the caution of persons involved in social life, and aim to provide remedies and increase opportunities for those who have been damaged to receive fair compensation by the intention of the tort law.