Book1 Division04 Title02 Chapter02 Part06

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 IV. EFFECTS OF OBLIGATIONS.

TITLE II. Rights of the Creditor.

Section 279.

• [I] The parties to an obligation can fix beforehand the amount of compensation for non-performance of the obligation.
• [II] Such agreement is called a penalty clause.

《Genealogies》

1. Codes of 1923: 345
2. Codes of 1925: 379 sent.1
3. Codes of 1992:

Section 280.

• If the obligation is void or voidable, the penalty clause is void or voidable.

《Genealogies》

1. Codes of 1923: 346
2. Codes of 1925: 384
3. Codes of 1992:

Section 281.

• In case of non-performance of an obligation subject to a penalty clause the creditor can claim either specific performance or enforcement of the penalty clause.

《Genealogies》

1. Codes of 1923: 347
2. Codes of 1925: 380(I), 381(I), 382
3. Codes of 1992:

Section 282.

• A penalty clause shall not be enforced if non. performance is due to force majeure.

《Genealogies》

1. Codes of 1923: 348
2. Codes of 1925: -
3. Codes of 1992:

Section 283.

• A penalty clause shall be enforced even if the creditor has suffered no injury.

《Genealogies》

1. Codes of 1923: 349
2. Codes of 1925: -
3. Codes of 1992:

Section 284.

• If the Court is of opinion that the amount fixed in a penalty clause is excessive, the Court may reduce such amount.

《Genealogies》

1. Codes of 1923: 350
2. Codes of 1925: 383(I) sent.1
3. Codes of 1992:

Section 285.

• No compensation shall be granted in addition to the amount fixed in a penalty clause.

《Genealogies》

1. Codes of 1923: 351
2. Codes of 1925: 380
3. Codes of 1992:

Section 286.

• If a joint obligation is subject to a penalty clause, the creditor can claim from any one of the debtors the total amount fixed in the penalty clause.

《Genealogies》

1. Codes of 1923: 352
2. Codes of 1925: -
3. Codes of 1992:

Section 287.

• [I] Earnest money is a sum of money which is delivered by one of the parties to an obligation to the other party, before or at the time when the contract is entered into and which is fixed by the parties as the amount of compensation in case of non-performance of the obligation.
• [II] The party who is not in default is entitled either to specific performance or to compensation up to the amount of the earnest money, that is to say:
• (1) if he has received the earnest money he is entitled to forfeit it;
• (2) if he has delivered the earnest money. he can claim double amount of earnest money.
• [III] In any other respect the provisions concerning penalty clause apply to earnest money.

《Genealogies》

1. Codes of 1923: 353
2. Codes of 1925: 378
3. Codes of 1992: