Abstract
The objective of this research is to study approach for state agency’s claim over
compensation according to ACT ON TORTIOUS LIABILITY OF OFFICIALS B.E. 2539 incorporate
with Regulations of the office of Prime Minister on administrative provision for tortious liability of
officials B.E. 2539 in case that dead of debtor. This research studies on problems and results in
order to propose appropriate resolutions on the problems by provisioning Independent Variable
and dependent Variable. The method of this research is quantitative method by studying
important process, procedure and principle of related law and regulations as well as Court
order. The study shows that the Act and regulations have problems on claims process for
compensation in case that dead of debtor. The problem relates to prescription and interruption
of prescription on compensation from officials who committed tortious act. Problem on
administrative measure in case that state agency orders officials for compensation. Problem on
measure on seize and auction property of officials and problem on claiming right of state
agency in court. The study suggests approach to amend legislationon prescription over
compensation on damage from mass of estate and heir when they compensate for debt. It is
considered as claiming over right of state agency same as suing which causes of interruption of
prescription. Administrative measure for seizing and auction according to the law should
undertake by controlled agency. Disclosure of information on property of debtor. This research
also proposes to amend Regulations of the office of Prime Minister on administrative provision
for tortious liability of officials B.E. 2539 allowing agency including government and private
agency that process information on property of debtor disclose such information to government
in order to undertake administrative measure for seizing property of debtor.
