Problem of the Statue of Limitations for Filing the Infringement Cases to Collect Civil Damages

Abstract

The objectives of this research were   1,  to study concepts and theories, Supreme Court Judgment Guidelines and problems in determining of limitations in tort liability cases, including comparing laws from foreign countries and  2, to use the results of the analysis as guidelines for proposing amendments and improvements to the law in order to solve the problem of determining period of limitations for filing infringement cases to claim civil damages.  The research method used document research with the principles of jurisprudence as the basis for analysis from legal texts, dissertations, research papers, articles, and judgments.

           The research results found that the statute of limitations for filing infringement cases in Thailand is shorter than the laws of Germany and Japan.  In Section 448, first paragraph of the Civil and Commercial Code it has been established that the statute of limitations for claiming damages from the infringement will expire after one year from the date the injured person knows of the infringement and knows the person supposed to pay compensation or after ten years from the date of the infringement.  This law has been in use for more than 99 years.  The time period for filing lawsuits should be extended to be consistent with the current situation, and Section 426 does not specifically specify a statute of limitations for filing recourse against offenders.  The statute of limitations applies according to general principles. The statute of limitations for filing recourse should be clearly established.