Therefore, public service operation is the one of government rule. State must operate to pass state officials or government officer is representative state to respond people demand. The authorized representative government to operate the public service for example preventing life and property, nation defense, supervision in execution of lawful, to stipulate rule operation in economic, social utilities of state officials or government officers have opportunity to taking the damage for private sector. Although that public service operation of state officials or government officers are administration unit to operate anything for highest benefit accordance with legal state. All of this must be lawful act therefore to assure the right and freedom of people is been free by administration unit. The Tortious Liability of Officials Act B.E. 2539 has been separated tort liabilities of officer caused by both the duties and not duties when the damage was been happened by state officer operation, refrain from acting, leave from operating duties or gross negligence to other people cause death, body, health, freedom, property, right or any. State officials must pay compensation before. In the part of government officer how much who are liable have had been recourse to later. By state officials must be liable for state tort duties. In case of staff is tort act by without willful act or gross negligence but in case to prove that tort act of staff in performance of duties was done by willful act or gross negligence. The law has specified the state officials have the right to recourse from government officer. However, the right of recourse from government officer must have the matter of fact that this officer had operate by willful act or gross negligence but it has not specify clearly how are the
willful act and gross negligence? Just only specifies that those duties are investigating commission to be operator to consider about the liable person and amount of compensation. The rule of the Prime Minister’s Office of operation principle of the Tortious Liability of Officials B.E. 2539 that recourse right from officer, in case of state official paid compensation to victim then it had the right to call those compensations from officer within one year from officials paid the compensation to victim. The limitation period of those recourse right if in case of there is apparent evidence that those operation was been happened by gross negligence, it was no problem to officials, it would be able to operate the right of claim on time but in fact it may know that operation of those officer is willful act or ordinary negligence or willful act or gross negligence because it must to detect the matter of fact, The fact in some case must take long time to detect. From set the investigating commission process of unit, investigation process, the fact happened had complicated in fact so it may take long time to seek the fact and collect adduce evidence. For one year specified by law as the right for the right of official to recourse to shorten time for officer operated duties by willful act or gross negligence as a result the fact is error so the consequential damage may be liable of government officer. Nevertheless law specified the principle of liability for damage was caused by the fault defect by state official or operating process as a whole by broken the liability portion of liable state for damage caused by fault or detect by state official or operating process as a whole from liability of government staff as Tortious Liability of Officials ActB.E.2539, those principles were not specified principle of liable portion between state officials and staff obviously. As a result, it may not cover state officers and victims who are gotten compensation comfortable and fair.
Therefore, public service operation is the one of government rule. State must operate to pass state officials or government officer is representative state to respond people demand. The authorized representative government to operate the public service for example preventing life and property, nation defense, supervision in execution of lawful, to stipulate rule operation in economic, social utilities of state officials or government officers have opportunity to taking the damage for private sector. Although that public service operation of state officials or government officers are administration unit to operate anything for highest benefit accordance with legal state. All of this must be lawful act therefore to assure the right and freedom of people is been free by administration unit. The Tortious Liability of Officials Act B.E. 2539 has been separated tort liabilities of officer caused by both the duties and not duties when the damage was been happened by state officer operation, refrain from acting, leave from operating duties or gross negligence to other people cause death, body, health, freedom, property, right or any. State officials must pay compensation before. In the part of government officer how much who are liable have had been recourse to later. By state officials must be liable for state tort duties. In case of staff is tort act by without willful act or gross negligence but in case to prove that tort act of staff in performance of duties was done by willful act or gross negligence. The law has specified the state officials have the right to recourse from government officer. However, the right of recourse from government officer must have the matter of fact that this officer had operate by willful act or gross negligence but it has not specify clearly how are the
willful act and gross negligence? Just only specifies that those duties are investigating commission to be operator to consider about the liable person and amount of compensation. The rule of the Prime Minister’s Office of operation principle of the Tortious Liability of Officials B.E. 2539 that recourse right from officer, in case of state official paid compensation to victim then it had the right to call those compensations from officer within one year from officials paid the compensation to victim. The limitation period of those recourse right if in case of there is apparent evidence that those operation was been happened by gross negligence, it was no problem to officials, it would be able to operate the right of claim on time but in fact it may know that operation of those officer is willful act or ordinary negligence or willful act or gross negligence because it must to detect the matter of fact, The fact in some case must take long time to detect. From set the investigating commission process of unit, investigation process, the fact happened had complicated in fact so it may take long time to seek the fact and collect adduce evidence. For one year specified by law as the right for the right of official to recourse to shorten time for officer operated duties by willful act or gross negligence as a result the fact is error so the consequential damage may be liable of government officer. Nevertheless law specified the principle of liability for damage was caused by the fault defect by state official or operating process as a whole by broken the liability portion of liable state for damage caused by fault or detect by state official or operating process as a whole from liability of government staff as Tortious Liability of Officials ActB.E.2539, those principles were not specified principle of liable portion between state officials and staff obviously. As a result, it may not cover state officers and victims who are gotten compensation comfortable and fair.
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