Development of Law on Tortious Liability of Minor in Thailand

Abstract

This research aims to study the concepts and legal principles related to the tort liability of minors in Thailand and other countries, as well as analyze and find recommendations for developing tort laws in Thailand. This research is qualitative, focusing on documentary research. The research is conducted from books, documents, articles, theses, conference reports, websites, and legal provisions related to the tort liability of minors in both Thai and foreign languages. The research then analyzes the problems and compares the laws of different countries, leading to legal recommendations.

The research results found that the concepts related to this research are based on the concepts of liability for tort and the intellectual development of children. People who are under the age of seven still have incomplete intellectual development that affects their awareness of their actions. In addition, the laws of different countries have different criteria for liability for tort of minors. While the laws of Thailand and Italy are similar, they do not specify a clear and definite age, but rather consider the understanding or intention of the tortfeasor. However, the law of China determines liability based on the capacity to make a legal act. Therefore, minors who cannot make a legal act and commit a tort are free from liability. As for the law of Germany, the age of tort liability is specified, stipulating that children under the age of seven are not liable for damages caused by their actions.

After considering relevant concepts, theories and comparing legal provisions in various countries, in order to define tort liability for minors in Thailand in a manner commensurate with current realities, it is recommended that Section 429 of the Civil and Commercial Code be amended to read as follows: “A person under the age of seven years is not liable for damages resulting from a tort. However, a person over that age or who is mentally unsound shall be liable for the consequences of their wrongful act. The parents or guardians of such persons shall be liable for the tortious acts of the minors, either on their behalf or jointly, unless they demonstrate that they have exercised reasonable care in fulfilling their supervisory duties.”