Book1 Division07 Title21 Chapter02 Part04 02
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 XXI. Bills.
Chapter II. Bill of Exchange.
Part IV. Acceptance.
2. Right of recourse in case of non-acceptance.
Section 1009.
- If the bill of exchange is presented for acceptance as provided by Sections 997 to 999 and the drawee fails to accept it, the holder has a right of recourse against all or any of the prior parties, jointly or separately, provided that he complies with the rules prescribed in Sections 1011 to 1018.
《Genealogies》
Section 1010.
- If the acceptance is limited to part of the sum payable, the holder has the right of recourse for the difference only.
《Genealogies》
- Draft of April 1924: 1117
- Code of January 1925: -
Section 1011.
- The holder must, on the day following the day of presentation, send to the drawee through the Post Office a notice called protest.
《Genealogies》
Section 1012.
- The protest shall be entered by the Post Office in three copies in the form provided by Schedule A attached to this Code.
《Genealogies》
Section 1013.
- Each copy shall be signed by the clerk of the Post Office where the protest is made and shall bear the date stamp of such Office. It must contain the following particulars :
- (1) The date of the protest.
- (2) The date of the bill of exchange.
- (3) The name or trade name of the drawer.
- (4) The name or trade name of the drawee.
- (5) The amount of the bill of exchange.
- (6) The day of maturity of the bill of exchange.
- (7) The day of presentation.
- (8) The name or trade name and address of the holder.
- (9) A statement that the drawee can, during the three days next following the date of protest, seek out the holder and accept the bill of exchange on paying the expenses of protest.
《Genealogies》
Section 1014.
- [I] Copy No. 1 being the protest shall be sent to the drawee under registered cover.
- [II] Copy No. 2 being the receipt for the protest shall be delivered to the holder.
- [III] Copy No. 3 being the original shall be kept by the Post Office.
《Genealogies》
- Draft of April 1924: 1121
- Code of January 1925: -
Section 1015.
- If the bill of exchange is not accepted within the three days period, the bill is said to be dishonoured by non-acceptance and the holder must, within the four days next following, send notice of dishonour to the person or persons, against whom he intends to take recourse.
《Genealogies》
Section 1016.
- If the drawee notes on the bill of exchange the fact and date of refusal of acceptance and signs such note, no protest is necessary and the holder must, within eight days from the date of refusal, send notice of dishonour to the person or persons against whom he intends to take recourse.
《Genealogies》
Section 1017.
- The notice of dishonour must contain the date of the bill of exchange, the names or trade names of the drawer and drawee, the amount of the bill, the name or trade name and address of the holder, the date of the protest or of the refusal of acceptance, the fact that the bill was not accepted and the reason why the bill was not accepted or the fact that no reason was given for its non-acceptance.
《Genealogies》
Section 1018.
- The right of recourse of the holder against the person or persons to whom notice of dishonour was sent is extinguished by prescription one year after date of non-acceptance.
《Genealogies》
- Draft of April 1924: 1125
- Code of January 1925: -
Section 1019.
- [I] An indorser to whom notice of dishonour has been given by a subsequent party can take recourse against all or any of the parties prior to him, jointly or separately.
- [II] In such case the indorser must send notice of dishonour to the person or persons against whom he intends to take recourse, within four days from the date when he himself has received notice of dishonour.
《Genealogies》
Section 1020.
- The right of recourse of the indorser is extinguished by prescription one year after date of notice sent by him.
《Genealogies》
- Draft of April 1924: 1127
- Code of January 1925: -
Section 1021.
- The return of the non accepted bill of exchange with the Post Office receipt for protest annexed to it is a sufficient notice of dishonour.
《Genealogies》
- Draft of April 1924: 1128
- Code of January 1925: -
Section 1022.
- When a notice of dishonour has been duly addressed and posted, the sender is deemed to have given due notice of dishonour, notwithstanding any miscarriage by the Post Office.
《Genealogies》
- Draft of April 1924: 1129
- Code of January 1925: -
Section 1023.
- If the holder or indorser fails to take the proceedings prescribed by Sections 1011 to 1021 he loses his rights under the bill of exchange against all prior parties, except those who have waived protest or notice of dishonour.
《Genealogies》
- Draft of April 1924: 1130
- Code of January 1925: -
Section 1024.
- The holder is entitled to take recourse for the following amounts:
- (1) The non accepted amount of the bill of exchange less interest thereon up to the date of maturity.
- In order to fix the date of maturity, the day of presentation is to be considered as the day of acceptance.
- (2) The expenses of presentation for acceptance and of protest and of notice of dishonour.
《Genealogies》
Section 1025.
- An indorser against whom recourse has been taken is himself entitled to take recourse for the following amounts:
- (1) The sum paid by him together with interest thereon from the date of his payment.
- (2) All expenses paid by him.
《Genealogies》
Section 1026.
- [I] Reimbursement of a dishonoured bill of exchange can be obtained only on surrender of the bill and of a recourse account.
- [II] The payer can require the payee to make a receipt on the recourse account and sign it.
《Genealogies》
Section 1027.
- A drawer or prior indorser to whom a bill of exchange has been re-indorsed or re-transferred has no right of recourse against a party to whom he was previously liable under the bill.
《Genealogies》
