The Law of Volenti non fit injuria : A Comparative Study of Thai - United State
ปัญหากฎหมายเกี่ยวกับหลักความยินยอมไม่เป็นละเมิด: กรณีศึกษาเปรียบเทียบไทย - สหรัฐอเมริกา
by Phanupong Pongsachai
Title: | The Law of Volenti non fit injuria : A Comparative Study of Thai - United State ปัญหากฎหมายเกี่ยวกับหลักความยินยอมไม่เป็นละเมิด: กรณีศึกษาเปรียบเทียบไทย - สหรัฐอเมริกา |
Author(s): | Phanupong Pongsachai |
Contributor(s): | NIDA. The Graduate School of Law |
Advisor: | Chanit Suntapan |
Degree name: | Master of Laws |
Degree level: | Thesis |
Degree discipline: | Laws |
Degree grantor: | National Institute of Development Administration |
Issued date: | 5/15/19 |
Publisher: | NIDA |
Abstract: |
Volenti non fit injuria is a concept developed by the Roman legal system that focuses on the presentation of the intent of the person, in other words, if the person expresses his will, it must accept the result. The intent is whether the result is good or bad. The United States is one country that influenced the concept of Volenti non fit injuria of Roman law system, although inherited from England again. At present, the United States has enacted the provisions of Section 496A of the Restatement of law (Second), of tort, defining definitions and restricting certain notions of non-infringement. Such as requiring that the Volenti non fit injuria of the Assumption of risk is the same as the law, but only the name or the regulation prohibiting the employer from claiming the employee's consent to be free from tortious liability arising out of employment. The Court of the United States set the criteria for determining of the Volenti non fit injuria to be fair to both parties.
This thesis aims to study the law of Volenti non fit injuria of the history of the Volenti non fit injuria, and the comparative study of both the law and the court's case law. The study will focus on comparing the guidelines for the implementation and interpretation of Volenti non fit injuria from the United States to the guidelines for the implementation and interpretation of Volenti non fit injuria of Thai courts before and after the enactment of the Unfair Contract Terms Act B.E. 2540. And to collect relevant data from reliable sources.
The study indicated that The deployment of Volenti non fit injuria in Thailand continues to be a defect. Both the lack of written legislation for Volenti non fit injuria and the problem of interpreting the law forbidding the Volenti non fit injuria to defend in the case. Including the problem of overlap of the provisions of Section 9 of the the Unfair Contract Terms Act B.E. 2540 to Section 150 of the Civil and Commercial Code.
Therefore, this thesis is proposed to amend and add to the Unfair Contract Terms Act B.E. 2540 because of that. The determination of the rules and restrictions or interdictions on the Volenti non fit injuria conduct is to ensure fairness to both parties. And reduce the inequalities of individuals in Thailand who have a social bargaining power or when there is a different consensus, which is the intent of the Unfair Contract Terms Act B.E. 2540 from the beginning. And to be as clear and concrete as the laws of countries that are universally accepted as United States law.
KEYWORD : VOLENTI NON FIT INJURIA / ASSUMPTION OF RISK / VIOLATION OF LIABILITY |
Description: |
NIDA, 2018 |
Subject(s): | Social Sciences |
Keyword(s): | หลักความยินยอมไม่เป็นละเมิด
หลักสมมุติฐานความเสี่ยงภัย ข้อต่อสู้ความรับผิดทางละเมิด |
Type: | Thesis |
Language: | th |
Rights holder(s): | NIDA |
URI: | https://repository.nida.ac.th/handle/662723737/4983 |
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