Book1 Division07 Title04 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 IV. Hire of Property.
Chapter II. Duties and Liabilities of the Lessor.
Part III. Liability for eviction.
Section 506.
- The lessor is liable for the consequences of any disturbance caused to the peaceful possession of the lessee by any person having a right over the property hired.
《Genealogies》
- Draft of April 1924: 571
- Code of January 1925: -
Section 507.
- The lessor is not liable for a disturbance caused by a person whose rights were known to the lessee at the time when the lease was made.
《Genealogies》
- Draft of April 1924: 572
- Code of January 1925: -
Section 508.
- In any case of disturbance where an action arises between the lessee and a third person, the lessee is entitled to summon the lessor to appear in the action to be joint defendant or joint plaintiff with the lessee.
《Genealogies》
- Draft of April 1924: 573
- Code of January 1925: -
Section 509.
- The lessor is also entitled, if he thinks proper, to intervene in the action in order to deny the claim of the third person.
《Genealogies》
- Draft of April 1924: 574
- Code of January 1925: -
Section 510.
- Whenever the lessor is a party to the action, the Court shall give judgment deciding on the merits of the case between the lessee and the third person, and on the liability of the lessor to the lessee.
《Genealogies》
- Draft of April 1924: 575
- Code of January 1925: -
Section 511.
- [I] If, in consequence of a claim of a third person, the lessee is deprived of the whole of the property hired, he is said to suffer total eviction.
- [II] If the lessee is deprived of part of the property hired, or if the property is declared to be subject to a right the existence of which impairs its fitness, the lessee is said to suffer partial eviction.
《Genealogies》
- Draft of April 1924: 576
- Code of January 1925: -
Section 512.
- Whenever the lessor is liable for total or partial eviction, the lessee may determine the contract.
《Genealogies》
- Draft of April 1924: 577
- Code of January 1925: -
Section 513.
- If immovable property is declared to be subject to a servitude established by law the lessor is not liable unless he has expressly guaranteed that the property was free from servitudes or from that particular servitude.
《Genealogies》
- Draft of April 1924: 578
- Code of January 1925: -
Section 514.
- If the lessor was not a party to the original action, or if the lessee has made a compromise with the third person, or has yielded to his claim, the liability of the lessor 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 claim of the third person.
《Genealogies》
- Draft of April 1924: 579
- Code of January 1925: -
Section 515.
- [I] The lessor is not liable for eviction in the following cases:
- (1) If no action was entered and the lessor proves that the rights of the lessee were lost on account of the fault of the lessee.
- (2) If the lessee did not summon the lessor to appear in the action, and the lessor proves that he would have succeeded in the action if summoned to appear.
- (3) If the lessor appeared in the action, but the claim of the lessee was dismissed on account of the fault of the lessee.
- [II] In any case the lessor is liable whenever he is summoned to appear in the action and refuses to take the part of the lessee as joint defendant or joint plaintiff.
《Genealogies》
- Draft of April 1924: 580
- Code of January 1925: -
