Book1 Division07 Title15

From Thai Codification Draft of 1919

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

BOOK ON OBLIGATIONS.

DIVISION VII. SPECIFIC CONTRACTS.

TITLE XV. Brokerage.

Section 898.
  • [I] A broker is a person who acts as intermediary between other persons for the negotiation of contracts.
  • [II] The remuneration which may be due to a broker for his services is called brokerage.

《Genealogies》

  1. Draft of April 1924: 957
  2. Code of January 1925: 845
Section 899.
  • A broker who has been instructed by a party not to disclose his name shall not communicate it to the other party.

《Genealogies》

  1. Draft of April 1924: 958
  2. Code of January 1925: -
Section 900.
  • [I] A broker is not personally liable for the execution of the contracts entered into through his mediation.
  • [II] However when a broker has not disclosed to one party the name of the other party, he is liable for performance to the former party.

《Genealogies》

  1. Draft of April 1924: 959
  2. Code of January 1925: 846
Section 901.
  • [I] A broker who has been instructed by a party to sell or buy property at a fixed price may be himself the buyer or the seller, provided he gives notice thereof to that person.
  • [II] In such case the broker incurs the same liability as an ordinary party to a contract of sale, but he is still entitled to charge brokerage.

《Genealogies》

  1. Draft of April 1924: 960
  2. Code of January 1925: -
Section 902.
  • A broker is presumed to have no authority to receive on behalf of the parties the payments or other prestations due in execution of the contract.

《Genealogies》

  1. Draft of April 1924: 961
  2. Code of January 1925: 847
Section 903.
  • The promise to pay brokerage is implied unless the services, under the circumstances of the case, shall have been expected to be rendered gratuitously.

《Genealogies》

  1. Draft of April 1924: 962
  2. Code of January 1925: 845
Section 904.
  • No brokerage is due to the broker unless the contract is the result of his services.

《Genealogies》

  1. Draft of April 1924: 963
  2. Code of January 1925: 848
Section 905.
  • A broker loses his right to brokerage if he agrees to accept brokerage from both parties to the contract without their consent.

《Genealogies》

  1. Draft of April 1924: 964
  2. Code of January 1925: 849
Section 906.
  • [I] The brokerage shall be fixed by agreement. In the absence of any agreement, it shall be governed by custom.
  • [II] If the brokerage agreed upon is excessive, the Court can reduce it.

《Genealogies》

  1. Draft of April 1924: 965
  2. Code of January 1925: -