CLAUSES CONTRADICTING MAIN PURPOSE OF THE CONTRACTThesis • July 29th, 2023
The purpose of this thesis was to study legal problems related to clauses that conflict with the main purpose of the contract, and to suggest means to implement laws related to such agreements in Thailand, using method of documentary research comparing Thai law with French and English law. This thesis studied Thai and foreign laws through legal research, textbooks, articles, theses, court rulings, and comparative descriptions, including the impact of law enforcement in Thailand and abroad. The results of the study revealed that 1 ) there is no specific law regarding the agreement that contradicts main purpose of the contract in Thai law, only general law that could be applied and traces of law in clauses restricting or excluding liability for breach of contract and such principles were not mentioned among the scholars and there is no application of this principle to the practice; 2) an agreement that is contrary to the main purpose of the contract, if applied in accordance with current
