Prescription according to the Tortious Liability of Officials Act B.E. 2539 In case of Calling the Beneficiary to Pay Compensation

Abstract

According to the Tortious Liability of Officials Act B.E. 2539 (1996), the statute of limitations has been established for exercising the right to hold officials liable for wrongful acts committed in the course of their duties, either towards a government agency or an external individual. In cases where a government agency has the right to demand that the official who committed the offence indemnify the agency with monetary compensation. If the official who committed the wrongful act later passes away, the law originally stipulated that the official would not be held liable for the act. If the offending officer subsequently passes away, the original law stipulates that the officer is no longer held liable for the incident. Following this, the law dictates that the beneficiaries must be responsible for compensating for any losses incurred. Their liability must not exceed the amount of the inheritance they have received. Afterwards, the law requires heirs to make amends for any harm caused, with the caveat that this responsibility should not surpass the inheritance they are entitled to. This uses the prescription period under Section 1754, third paragraph of the Civil and Commercial Code to sue the heirs within the inheritance prescription period, without specifying a particular time frame within which the action must be taken. A subsequent ruling by the Supreme Administrative Court prohibited heirs from being sued after a 10-year statute of limitations had elapsed, counting from the date of the infringement as per Section 48, paragraph one of the Civil and Commercial Code. This issue must therefore be studied for further analysis to ensure fairness for the heirs of officials who commit torts, as well as for the government agencies that suffer damage.