Legal Measures Regarding the Liability of Notarial Services Attorney

Abstract

          This research to study the concepts and theories on the liability of Notarial Services Attorney in the Kingdom of Thailand and foreign countries to find appropriate measures to amend Thai laws using qualitative research methods by studying documents from the Civil and Commercial Code, the Criminal and Civil Procedure Code, Lawyer Act B.E. 2528 and Lawyers Council Regulations on the Registration of Notarial Services Attorney B.E. 2551 with in-depth interviews with experts
          The study found that there are problems: in the Kingdom of Thailand are no regulations on the liability of Notarial Services Attorney, no provisions on the criteria, methods, formats or forms for documents that require signatures and no provisions on the rates of services for certifying signatures and documents. The researcher suggests that: The Lawyers Council Regulation on the Registration of Notarial Services Attorney B.E. 2551 should be amended to specify the liability of Notarial Services Attorney in accordance with the legal of the United Kingdom and Germany, which stipulate that they must be liable for compensation to the opposing party. Clear format or form for certifying signatures and documents should be specified in accordance with the Japanese guidelines, which specify the format and procedures for certifying documents in the law, so that they are the same practice. And standard service fee should be set in accordance with the guidelines of the Federal Republic of Germany and Japan, which must be charged only at the rate specified by law.