Book1 Division07 Title01 Chapter02 Part03
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 VII. SPECIFIC CONTRACTS.
TITLE I. Sale.
Chapter II. Duties and Liabilities of the Seller.
Part III. Liability for eviction.
Section 412.
- The seller is liable for the consequences of any disturbance caused to the peaceful possession of the
- buyer by any person having over the property sold a right existing at the time of the sale or derived from the seller after that time.
《Genealogies》
Section 413.
- The seller is not liable for a disturbance caused by a person whose rights were known to the buyer at the time of the sale.
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Section 414.
- In any case of disturbance where an action arises between the buyer and a third person, the buyer is entitled to summon the seller to appear in the action to be joint defendant or joint plaintiff with the buyer.
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Section 415.
- The seller is also entitled, if he thinks proper, to intervene in the action in order to deny the claim of the third person.
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Section 416.
- Whenever the seller is a party to the action the Court shall give judgment deciding on the merits of the case between the buyer and the third person and on the liability of the seller to the buyer.
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- Draft of April 1924: 481
- Code of January 1925: -
Section 417.
- [I] If in consequence of a claim of a third person the buyer is deprived of the whole of the property sold, he is said to suffer total eviction.
- [II] If the buyer is deprived of part of the property sold, or if the property is declared to be subject to a right, the existence of which impairs its value or fitness, the buyer is said to suffer partial eviction.
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Section 418.
- Whenever the seller is liable for total or partial eviction the buyer has the remedies described in this Code concerning non-performance.
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Section 419.
- If immovable property is declared to be subject to a servitude established by law, the seller is not liable unless he has expressly guaranteed that the property was free from servitudes or from that particular servitude.
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Section 420.
- If an action in connection with a claim of a third person is entered, the buyer is entitled to withhold the price as provided by Section 411.
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Section 421.
- If the seller was not a party to the original action, or if the buyer has made a compromise with the third person, or has yielded to his claim, the liability of the seller is extinguished by prescription three months after final judgment in the original action, or after the date of the compromise, or of the yielding to the third person.
《Genealogies》
Section 422.
- [I] The seller is not liable for eviction in the following cases :
- (1) If no action was entered and the seller proves that the rights of the buyer were lost on account of the fault of the buyer, or
- (2) If the buyer did not summon the seller to appear in the action, and the seller proves that he would have succeeded in the action if summoned to appear, or
- (3) If the seller appeared in the action, but the claim of the buyer was dismissed on account of the fault of the buyer.
- [II] In any case the seller is liable whenever he is summoned to appear in the action and refuses to take the part of the buyer as joint defendant or joint plaintiff.
《Genealogies》
