Legal problem and obstacle related to private auction services under the Control of Sale by Auction and Trade of Antiques Act B.E. 2474

Abstract

The objective of this research is to study the auction law by private enterprise of Thailand and of the foreign countries. The study is to compare the qualifications of the auctioneer for the auction, comparing to the checking authority process which found that the qualification of the auction in Thailand is performed by the relevant administrative units, i.e., the auction performed by the private under the responsibility of Legal Execution Department and legal executing officer in operating according to the judgment in case the debtor is unable to pay such debts. In addition, the legal executing officer can assign other persons to perform their duties on his/her behalf. From the study of the qualifications as required by the Thai law there is no law being provided or enacted for enforcement in special case just like the law of two states in the United States, i.e. Florida and Louisiana who designated the qualifications of the persons who perform the auction duty in the same way, that is to say, the person who performs his duty as auctioneer must have the auctioneer license and passed the written examination and served as apprentice for the period of one year or more. This can be seen that the law of the United States emphasizes more on the qualifications of the auctioneer when comparing to the Thai law. Furthermore, for the authorization process in verifying the law of the United States and the law of Thailand is completely different. That is, the law of the United States provided that the committee is required to verify the auction in order to prevent the advantage from being taken by unfair mean in the auction process comparing to the relevant laws of Thailand such as the Civil and Commercial Code, the Auction and Secondhand Trading Control Act B.E. 2474 but te Auctioneer Control Committee is not enacted to be available like the United States Law. This research presents the guidelines for the improvement of law on the auctioneer qualifications and revised the committee’s authority in checking the auction for the effectiveness of the auction law since it is the law concerning the large amount of property of the debtor as according to the judgment.