Model Law on Form of Contract in International Sale of Goods Contracts.

Abstract

This research article aims to (1.) investigate the concepts and principles related to international sale of goods contracts; (2.) explore the criteria on form of contract in accordance with the Civil and Commercial Code of Thailand; (3.) analyze the problems on form of contract in international sale of goods contracts; and (4.) study approaches to draft the model law on form of contract in international sale of goods contracts. This research applied a qualitative research methodology consisting of documentary research and in-depth interview.

The research findings showed that the Civil and Commercial Code of Thailand has not legislated for international sale of goods, especially in the form of contract different from other countries who are the members of the Convention on Contracts for the International Sale of Goods. Therefore, when the parties have to choose the law for international sale of goods contracts, they shall not choose Thai law or use arbitration, which causes the Thai partner to have low bargaining power compared to other powerful countries. In case they need to choose the law of other countries, it is undeniable to use foreign laws to enforce the contract.             

          Therefore, Thailand should legislate the specific law for international sale of goods and determine the form of contract in international sale of goods contracts in compliance with the Convention on Contracts for the International Sale of Goods. This will help solve the conflict of the Civil and Commercial Code of Thailand and the law of foreign countries.