Book1 Division01 Title03 Chapter02
From Thai Codification Draft of 1919
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 III. Undue Enrichment.
Chapter II. Restitution for undue enrichment.
Section 109.
- A person who unduly received a prestation is bound to make restitution as provided by the following sections.
《Genealogies》
- Codes of 1923: 175
- Codes of 1925: -
- Codes of 1992:
Section 110.
- If the subject of the prestation is property which may be returned, and the person who received it was in good faith, such person is only bound to return it in such condition as it is.
《Genealogies》
- Codes of 1923: 176
- Codes of 1925: 412 sent.2, 413(I)
- Codes of 1992:
Section 111.
- If the subject of the prestation is property which may be returned, and the person who received it was in bad faith, such person is liable for any damage caused to it.
《Genealogies》
- Codes of 1923: 177
- Codes of 1925: 413(II) sent.1
- Codes of 1992:
Section 112.
- If the subject of the prestation is such as cannot be returned, or if restitution is otherwise impossible, and the person who received the prestation was in good faith, such person is bound to return such part of his enrichment as still exists at the time when return is demanded.
《Genealogies》
- Codes of 1923: 178
- Codes of 1925: 412 sent.2, 414(I)
- Codes of 1992:
Section 113.
- If the subject of the prestation is such as cannot be returned, or if restitution is otherwise impossible, and the person who received the prestation was in bad faith, such person is bound to pay the highest value which the subject of the prestation may have reached between the time when prestation was made and the date of final judgment.
《Genealogies》
- Codes of 1923: 179
- Codes of 1925: 412 sent.1, 414(II)
- Codes of 1992:
Section 114.
- The person who received the prestation in good faith is bound to return interest and profits from the date of demand only.
《Genealogies》
- Codes of 1923: 180
- Codes of 1925: 412 sent.2
- Codes of 1992:
Section 115.
- The person who received the prestation in bad faith is bound to return interest and profits from the date of prestation.
《Genealogies》
- Codes of 1923: 181
- Codes of 1925: -
- Codes of 1992:
Section 116.
- If the person who returns the property has incurred expenses on account of it, he is entitled to reimbursement from the person to whom the property is returned, as provided in the following sections.
《Genealogies》
Section 117.
- [I] Expenses which were necessary for the preservation of the property or for its maintenance or repair, or for charges incumbent upon it must be reimbursed in full.
- [II] If the person who returns the property has collected the profits, the expenses for maintenance, repairs or charges must be borne by him to the extent of the value of such profits.
《Genealogies》
Section 118.
- If the person who has in good faith unduly received a property has made alterations in, or additions to it, he must return the property in such condition as it is; he is entitled to compensation for any increase of value accruing to the property from such alterations or additions, and he is not liable for any decrease of value resulting from the same.
《Genealogies》
Section 119.
- If the person who has in bad faith unduly received a property has made alterations in, or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same.
《Genealogies》
