The Relationship between Private Law and Public Law in Consumer Protection Mechanism on Contract in Thailand

Abstract

A relationship between a consumer and a businessperson in consumption activities is based on the private law under The Commercial and Civil Code, especially the property law. Contract law and tortious law principle those in the Laissez Faire system which private law is the tool in managing the legal relationship between the consumer and the businessperson. However, they cannot sufficiently protect the rights and preserve the justice to the consumer. The businessperson applies the private law as the way to make a unilateral contract in order to take advantage and exploit benefits from the consumer who lacks the economic bargaining power, correct and complete information regarding a product or a service and also the effectivel gathering into a group of the consumers. Therefore, it is the State’s duty to have a role in consumption activities by changing the Laissez Faire concept to the Welfare State concept. In this regard, this article introduces the private law theory and the evolution of the State’s role in intervening legal relationship between the consumer and the businessperson regarding their contract, including the current fact of legal relationship on the contract between the consumer and the busiperson and a form of State’s intervention in legal relationship on contract in consumption activities. Lastly, it also analyzes the relationship between the private law and the public law in a consumer protection mechanism on contract in Thailand.