Book1 Division07 Title22 Chapter02 Part05
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 XXII. Partnerships and Companies.
Chapter II. Ordinary Partnerships.
Part V. Registration of ordinary partnerships.
Section 1178.
- An ordinary partnership may be constituted as a juristic person distinct from the persons of whom it is composed, by being registered as provided in the following sections.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1064(I)
Section 1179.
- [I] The entry in the register must contain the following particulars:
- (1) The firm name of the partnership.
- (2) Its object.
- (3) The address of the principal business office and of all branch offices.
- (4) The full names, addresses and occupations of every partner: if a partner has a trade name the entry in the register must contain his name and his trade name.
- (5) The names of the managing partners, if only some of the partners have been appointed as such.
- (6) The restrictions, if any, imposed upon the powers of the managing partners.
- (7) The seal or seals which are binding on the partnership.
- [II] The entry may contain any other particulars which the parties may deem expedient to make known to the public.
- [III] The entry must be signed and sealed by every member of the partnership, and must also be sealed with the common seal of the partnership.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1064(II)
Section 1180.
- A certificate of registration must be delivered to the partnership.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1064(III)
Section 1181.
- A partner can take advantage against third persons of any right acquired by the registered partnership, even though his name did not appear in the transaction.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1065
Section 1182.
- [I] No partner of a registered partnership may, either on his own account or on account of another person, carry on without the consent of all the other partners any business of the same nature as and competing with that of the partnership or without such consent be a member of another registered partnership or limited partnership having the same object.
- [II] Such prohibition does not apply if it was already known to the partners at the time of registration of the partnership that one of them was engaged in a business or in another partnership having the same object, and if his withdrawal was not stipulated in the contract of partnership.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1066
Section 1183.
- If a partner acts contrary to the provisions of section 1182 the registered partnership is entitled to claim from him all the profits which he has made or compensation for the injury which the registered partnership has suffered thereby.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1067(I)
Section 1184.
- The right described in the foregoing section is extinguished by prescription one year after date of contravention.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1067(II)
Section 1185.
- The liability of a partner in a registered partnership in respect to obligations incurred by the partnership before he ceased to be a member of such partnership, is extinguished by prescription two years after he ceased to be a member.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1068
Section 1186.
- In addition to the cases provided by Section 1172 a registered partnership is dissolved if it becomes bankrupt.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1069
Section 1187.
- The creditor of an obligation due by a registered partnership is entitled, as soon as the partnership is in default, to demand performance of the obligation from any of the partners.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1070
Section 1188.
- In the case provided by section 1187, if the partner proves:
- (1) That the assets of the partnership are sufficient to perform the whole or part of the obligation, and
- (2) That enforcement against the partnership would not be difficult,
- the Court may, in its discretion, order that the obligation be enforced first against the assets of the partnership.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1071
Section 1189.
- As long as a registered partnership is not dissolved the creditors of a partner can exercise their rights only on the profits or other sums due by the partnership to such partner. After dissolution they can exercise their rights on the share of such partner in the assets of the partnership.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1072
