Book1 Division07 Title01 Chapter02 Part02

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 VII. SPECIFIC CONTRACTS.

TITLE I. Sale.

Section 408.

• [I] In case of defect existing in the property sold and impairing either its value or its fitness for ordinary purposes or for the purposes appearing from the contract, the buyer has the remedies described in this Code concerning non-performance.
• [II] The foregoing provision applies whether the seller knew or did not know of the existence of the defect.

《Genealogies》

1. Draft of April 1924: 473
2. Code of January 1925: 472

Section 409.

• The seller is not liable in the following cases:
• (1) Whenever the buyer knew of the defect at the time of the sale, or would have known of it if he had exercised such care as may be expected from a person of ordinary prudence.
• (2) If the defect was apparent at the time of the delivery, and the buyer accepted the property without reservation.
• (3) If the property was sold by public auction.

《Genealogies》

1. Draft of April 1924: 474
2. Code of January 1925: 473

Section 410.

• The liability for a defect is extinguished by prescription one year after the discovery of the defect.

《Genealogies》

1. Draft of April 1924: 475
2. Code of January 1925: 474

Section 411.

• When the seller is liable for defects in the property sold, the buyer is entitled to withhold such part of the price as has not yet been paid to the seller provided that the seller may at any time apply to the Court for an order either:
• (1) Restricting the exercise of this right to such part of the price as the Court may deem sufficient to cover any restitution or compensation which may become due from the seller to the buyer, or
• (2) Ordering the buyer to pay the price on the seller giving security for ultimate restitution or compensation.

《Genealogies》

1. Draft of April 1924: 476
2. Code of January 1925: 488