HISTORICAL STEPS IN THE MOVEMENT OF THE PRINCIPLE OF CONSENT ARE NOT VIOLATED

Abstract

Abstract

            At present, the Kingdom of Thailand has the Unfair Contract Terms Act, B.E. 2540 (1997), Section 9 is the only written law that deals with the principle of consent, not infringement. Moreover, the application and interpretation of the consent principle does not violate it. Other elements than those specified in the Act still need to be considered. Because the development of Volenti Non Fit Injuria principles is not fixed. and there is flexibility in application and interpretation when this legal principle is transferred into the Kingdom of Thailand. It has developed in a unique style to the Kingdom of Thailand. through a variety of transfer tools, such as legal codes, jurisprudence, or teaching But at present The application and interpretation of the consent principle is not an infringement. It is different from the beginning. that has adopted this legal principle into the Kingdom of Thailand because of the results of the Unfair Contract Terms Act Especially according to section 9 of this Act which causes the problem that the scope of enforcement in respect of consent which is contrary to public order or good morals shall be eliminated. It is a principle that excludes the effects of laws that are too broad. To the extent that it goes against the spirit of the founding of the principle of consent, it is not a violation. Moreover, the Kingdom of Thailand does not clearly stipulate the principle of non-infringement consent in the law. Therefore, it leads to the use of interpretations in different contexts.