University personnel in the autonomous universities with the liability of execution of money or claims freeze

Abstract

          The aim of this article is to study, analyze and present that Does each category of personnel of autonomous universities has a protection not to be held liability of execution for the money or money claims according to the Civil Procedure Code section 302? As the autonomous universities have many categories of the personnel, according to the university policies and university revenues, therefore, the university personnel will reasonably got protected under the different type of law. The result of the study and analysis showed that the civil officer who works for an educational institute, government employee, and government officer those affiliated with an autonomous university will be protected not to be held liability of execution for the money or money claims according to the Civil Procedure Code section 302 clause 1 (2) and which of the university personnel will be protected not to be held liability of execution for the money or money claims not over than 20,000 Baht per month or according to the execution officer see as an appropriate amount according to the Civil Procedure Code section 302 clause 1 (3). The result also indicated that the law of protection protects their personnel in the different ways because civil officer, government employee and government officers’ rights and freedom are somewhat limited; which not allow them to work freely for other jobs, the only way they could do is working and earning salary under the regulation accorded by the law. On the other hand, university staff, employee who were employed by university’s income and performer in university or other synonyms hired by university income are less limited their rights and freedom than the first category. They are able to work more freely than those officers without any discrimination even some categories of the university personnel in the autonomous universities protect not to be held liability of execution for the money or money claims. However, if they become the debtor of the Juvenile and Family Courts and require to pay for the living allowance or the providence for their husband, wife or legitimate child or when the Bankruptcy Court have the order of control of property, their money or money claims will be held under the liability of execution as same as the other university personnel. In a compulsory execution, if the creditor intends to execute by legal claim force according to the Civil Procedure Code section 302 clauses 1 (2) and (3). A creditor of the court has to investigate the debtor’s court sentence status for requesting the execution officer to seize assets. After that, the execution officer will proceed by the authority of law. When the government university receives the warrant of seizure, the next process is to verify the accurate detail of the warrant. And if the warrant is valid, the government officer would deliver money to the enforcement officer. On the contrary, if the officer found out that the warrant is invalid, the government officer should inform the enforcement officer immediately. Despite the debtor of court has been seized assets by judgment, they can still reaching a compromise and negotiate with the creditor of the court or submit a petition to the execution officer to bargain amount of money seized assets.