Book1 Division01 Title01 Chapter02

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

• The today existing (probably) only copy of its publication is in possession of the main library of Bangkok University. The detailed information and images of the original sources are available on the Centennial Website.
• The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the "French Advisers' Heritage".

BOOK ON OBLIGATIONS.

DIVISION I. HOW OBLIGATIONS ARISE.

TITLE I. Contracts.

Section 41.

• A contract which does not comply with the conditions concerning capacity or consent is voidable.

《Genealogies》

1. Codes of 1923: 107
2. Codes of 1925: 116
3. Codes of 1992: 153

Section 42.

• A contract which does not comply with the conditions concerning object is void.

《Genealogies》

1. Codes of 1923: 108
2. Codes of 1925: -
3. Codes of 1992:

Section 43.

• A contract is also void if it does not comply with any other condition required by law for its completion.

《Genealogies》

1. Codes of 1923: 109
2. Codes of 1925: -
3. Codes of 1992:

Section 44.

• A voidable contract may be cancelled on the application of, or ratified by, such persons only as are specified by law, and within the time provided by law.

《Genealogies》

1. Codes of 1923: 110
2. Codes of 1925: 137
3. Codes of 1992: 175

Section 45.

• Whenever a voidable contract is ratified, or the time allowed by law for claiming its cancellation has expired, it becomes valid as from the date of its making.

《Genealogies》

1. Codes of 1923: 111
2. Codes of 1925: 139
3. Codes of 1992: 177

Section 46.

• A void contract may be cancelled at any time on the application of any interested person.

《Genealogies》

1. Codes of 1923: 112
2. Codes of 1925: 133
3. Codes of 1992: 172(I)

Section 47.

• A void contract cannot be ratified. If the parties purport to ratify it with knowledge of its invalidity, they are deemed to have made a new contract.

《Genealogies》

1. Codes of 1923: 113
2. Codes of 1925: 134
3. Codes of 1992: 172(I)

Section 48.

• [I] In the event of the cancellation of a contract, the parties must be replaced in the same position as they were at the time when the contract was made or became void.
• [II] Each party is bound to restore to the other party the prestation which he received as a performance of the contract. or to make compensation for it, according to the provisions of this Code concerning restitution for undue enrichment.

《Genealogies》

1. Codes of 1923: 114
2. Codes of 1925: 138
3. Codes of 1992: 176