Book1 Division04 Title03 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 IV. EFFECTS OF OBLIGATIONS.

TITLE III. Rights of the Debtor.

Section 295.

• From the time when the creditor is in default, the debtor can deposit the property due instead of delivering it.

《Genealogies》

1. Codes of 1923: 361
2. Codes of 1925: 331 sent.1
3. Codes of 1992:

Section 296.

• [I] The deposit must be made at the deposit office of the place where the obligation must be perfo[r]med.
• [II] If there is no deposit office, the Court shall, on the application of the debtor, appoint a depositary.

《Genealogies》

1. Codes of 1923: 362
2. Codes of 1925: 333(I)(II)
3. Codes of 1992:

Section 297.

• The debtor must, if possible, forth with notify the deposit to the creditor.

《Genealogies》

1. Codes of 1923: 363
2. Codes of 1925: 333(III)
3. Codes of 1992:

Section 298.

• The creditor is entitled to obtain delivery of the property deposited within ten years from the date of deposit.

《Genealogies》

1. Codes of 1923: 364
2. Codes of 1925: 339(I)
3. Codes of 1992:

Section 299.

• The debtor can withdraw the deposit. But if the creditor has notified his acceptance of it, or the deposit has been ordered or confirmed by the Court, he can withdraw it only after ten years have elapsed from the date of deposit.

《Genealogies》

1. Codes of 1923: 365
2. Codes of 1925: 334, 339(II)
3. Codes of 1992:

Section 300.

• If the deposit is withdrawn by the debtor, it is deemed to have never been made, and the original obligation stands good with its accessories.

《Genealogies》

1. Codes of 1923: 366
2. Codes of 1925: 334(I)
3. Codes of 1992:

Section 301.

• If the property deposited is not withdrawn by the creditor within ten years or by the debtor within ten years and six months after deposit, it becomes the property of the State.

《Genealogies》

1. Codes of 1923: 367
2. Codes of 1925: -
3. Codes of 1992:

Section 302.

• In the cases when:
• (1) The property is not suitable for deposit, or
• (2) The property is perishable, or
• (3) The keeping of the property would be unreasonably expensive,
• the debtor can, instead of depositing the property, sell it by public auction and deposit the nett proceeds.

《Genealogies》

1. Codes of 1923: 368
2. Codes of 1925: 336
3. Codes of 1992:

Section 303.

• [I] The depositary can sell the property by public auction as soon as it appears that the costs of keeping it would exceed the proceeds of the auction.
• [II] The nett proceeds, after deducting the costs of keeping, must be deposited in lieu of the property itself.

《Genealogies》

1. Codes of 1923: 369
2. Codes of 1925: 336
3. Codes of 1992:

Section 304.

• The debtor who makes a deposit in accordance with this Chapter and does not withdraw it, is discharged from his obligation in the same way as if he had performed it.

《Genealogies》

1. Codes of 1923: 370
2. Codes of 1925: -
3. Codes of 1992:

Section 305.

• Costs of deposit must be borne by the creditor, unless the deposit be withdrawn by the debtor. In the latter case, costs must be borne by the debtor.

《Genealogies》

1. Codes of 1923: 371
2. Codes of 1925: 338
3. Codes of 1992: