Legal Problem in Mandatory Settlement of Educational Loan Fund: A Study on the Act on Fund for Education Loan B.E. 2560

Abstract

Legal Problem in Mandatory Settlement of Educational Loan Fund: A Study on the Act on Fund for Education Loan B.E. 2560. Aims to study the history, concepts and principles of Educational Loan Fund and the state duty to provide education according to the constitutional law, study the legal problems related to Educational Loan Fund, and find a solution to the problem of debt from loan agreement for education According to the study, it is found that, firstly, the parents, who guaranteed the borrowers, are often poor as well as borrowers; hence, there is a risk of bad debt. On the other hand, if there is a limitation that guarantor shall be someone other than father, mother or parents of the borrowers, it may increase the burden and obstacles for borrowers because they cannot find the person to guarantee. Secondly, there are many borrowers who refuse to repay the loan to the Fund for Education after graduation, drop out or have been forced to quit the university due to the law does not have absolute punishment for borrowers to afraid of default. Besides, following up the borrower's status at the time of graduation, there are still gaps that prevent them from being returned because the borrower's data cannot easily access. Finally, there is a gap that some borrowers, who are not shortlisted, have dishonest intentions to provide false information about their family income in order to meet the qualification of those who can apply. Therefore, it would be interesting to discuss and determine whether and how to solve such problems to reduce conflicts as well as disputes over loans for education. Furthermore, this article may be used as a preliminary basis for further study.