PROBLEMSOF DEFINING CAUSES FOR THE COMMENCEMENT AND EXPIRATION OF THE RIGHT TO BRING ACTIONS BEFORE ADMINISTRATIVE COURTS

Abstract

The Act on Liability for Wrongful Act of Officials B.E. 2539 and the Act on the Establishment of Administrative Court and Administrative Court Procedure B.E. 2542 set out limitation period for administrative claims and the cause set for the beginning of the limitation period in many ways which are different from the ones set out as general rules in the Civil and Commercial Code. The application of cause set for the beginning of the limitation period for administration claims; however, has caused several problems. Therefore, this thesis seeks to establish a principle and status of the cause set for the beginning and the end of limitation period.

This thesis found that 1) “the cause of action” under section 51 of the Act on the Establishment of Administrative Court and Administrative Court Procedure B.E. 2542 and “the cause of giving an opinion by the Ministry of Finance” under section 10 paragraph 2 (latter part) of the Act on Liability for Wrongful Act of Officials B.E. 2539 do not comply with legal principle because both aforementioned causes are not triggered by the creditor or the claimant themselves. Additionally, both causes do not initiate the dispute which is a part of the cause of action. 2) “the cause of having paid compensation to damages” and “the cause of giving an opinion by the Ministry of Finance” under section 9 and 10 paragraph 2 (latter part) of the Act on Liability for Wrongful Act of Officials B.E. 2539 is the limitation period with cause; however, it is a short limitation period with its legal status of the cause with perception. Therefore, they are miscatagorized. 3) Limitation period under section 9 and section 10 paragraph 2 (former part) of the Act on liability for Wrongful Act of Official B.E. 2539 should include the cause designating the date which ends the limitation period.

This thesis, therefore, proposes that the cause set for the start and the end date of limitation period in Section 51, section 9 and section 10 paragraph 2 (latter part) in The Act on Liability for Wrongful Act of Officials B.E. 2539 and the Act on the Establishment of Administrative Court and Administrative Court Procedure B.E. 2542 should be revised to comply with legal principle and legal status and to be in line with its objective.