AN EXAMINATION OF THE PROBLEMS AND LEGAL BOUNDARIES OF ELECTRONIC SIGNATURES UNDER THAI CIVIL LAW: A COMPARATIVE STUDY WITH INTERNATIONAL STANDARDS

Abstract

This research examines the legal principles governing electronic signatures within the Thai civil law system. It analyzes Thai laws, including the Electronic Transactions Act B.E. 2544 and relevant sections of the Civil and Commercial Code. The research also compares certification and the use of electronic signatures in foreign legal systems. The goal is to identify problems and gaps in Thai law, considering both theoretical and practical aspects. The study assesses the use of electronic signatures in Thailand and examines authentication issues in commercial transactions. For methodology, it employs documentary research, doctrinal legal analysis, and comparative legal study. The results show that Sections 9 and 26 of the Electronic Transactions Act define electronic signatures narrowly. A clear and comprehensive definition of electronic signatures is needed. This is essential for high-value transactions, such as real estate sales or the execution of powers of attorney. The Act should be updated to align with international standards, such as the UNCITRAL Model Law or eIDAS Regulation. The recommendation is to amend Sections 9 and 26 to build confidence in digital transactions. This will also support Thailand's digital economic growth.