ข้อสัญญาที่ไม่เป็นธรรมในสัญญาสำเร็จรูป: กรณีศึกษาสัญญาค้ำประกันของสถาบันการเงิน

Abstract

This study have a title is “The Unfair Contract Terms in Standard Terms Contract : Study on Guaranty Contract of Financial Institute” have objective to study of principal of concept about theory of standard contract of financial institution, second the law of the unfair contract terms, and the last is problem and demerit of guarantee contract of financial institution to approve the law to fairness for the guarantor then the creditor claim to pay debt for most fairness in the social. The guarantee contract of financial institute done in a standard and form contract benefice to them. In fact, the guarantors have no economy or intellectual power to bargain the content of contract. The financial institutes have an otherhand in the conclusion of their contract. Theguarantors of sign anthelion contract. Even though the conditions and terms are unfair to them. Present, Thailand has Unfair Control Terms Act, and the Consumer Protection Act, 1979 are major tools to control and present those financial institutes to write up terms or provisions in standard contract to fake advantage of the other party. It is found that the solution to problem of the guarantee contracts of financial institute is lack of efficiency because the guarantee has to go to judicial process. Then the court tend to give interaction varyingly. At the end, the guarantee have no real and timely remedy. The author has the opinion that we should have preventive measures by providing sub legislation to establish a committee to control unfair terms in the guarantee contracts of financial institutes. The committee shell have to consider, the content of the contract and give its approval period to application of the contract. And the streamline decisions of courts on unfair contract terms, them should be a set of rules of court on way to hear cases of unfair contract in a cleaner manor. This shall build fairness between the two parties.