Le droit processuel de la responsabilité civile dans un système de droit mixte (Thaïlande)
Author: Khangrang, Supakanya
Under the direction of: Jean-Sébastien Borghetti et Jonas Knetsch
Paris-Panthéon-Assas University
Texte français
Keywords: Law, Thailand, Procedural law, Substantive law, Civil liability, Mixed law, Jurisdictional system, Office of the judge, Fault, Causal link, Injury, Damages, Legal pluralism - Thailand, Civil liability - Thailand, Procedure (law) - Thailand.
Abstract
Thai legal system is classified under civil law system in the presence of the codification system. However, this research relies on the assumption that Thai legal system could be considered as a mixed law system due to the implementation of Anglo-Saxon and Romano-Germanic legal concepts into Thai legal system. These transplants began during the time of colonization, during which Western countries extended their power to the countries of Southeast Asia. This mixed character can be illustrated through the assessment of procedural law of civil liability, from the beginning of the trial until the end of the proceedings. The interplay between procedural law and substantive civil liability law demonstrates this character. Thai judges apply the substantive law of civil liability inspired by civil law countries in the context of judicial procedure inspired by common law. The legal concepts imported since the beginning of contemporary Thailand’s legal development according to Western models persist in Thai law, while the same concepts have evolved in their countries of origin. These interesting features will be addressed through the various studies, in particular ; the Thai judicial system, court’s initiative of issues, wrongful act, causation, injury, evidence, remedies, assignment of legal claims, court decision, limitation of actions etc.
