Book3 Division04 Title01
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 THINGS.
DIVISION IV. Servitudes.
TITLE I. General Provisions.
Section 126.
- [I] A servitude is an encumbrance on an immovable created for the benefit of another immovable or of particular persons.
- [II] The owner of an immovable subject to the servitude is bound to suffer some specific acts to be done on his property for the benefit of the other immovable or persons, or to refrain from exercising certain rights inherent to his ownership.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: 637, 638
- German Civil Code: 1018, 1019
- Japanese Civil Code: 280
- Swiss Civil Code: 730
- Miscellaneous : Maroc. 108; Tunis 1. 1st July 1885, Sec. 153.
Section 127.
- When a servitude established by law conflicts with a servitude created by contract or will, the former overrules the latter.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: 639, 686
- German Civil Code: -
- Japanese Civil Code: 280
- Swiss Civil Code: -
- Miscellaneous : Maroc. 109; Tunis 154.
Section 128.
- The owner of the dominant property is bound to exercise the servitude strictly according to the law or to the terms of the contract, and in the least injurious way to the servient property.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: 702
- German Civil Code: 1020
- Japanese Civil Code: -
- Swiss Civil Code: 737
- Miscellaneous : Maroc. 152.
Section 129.
- [I] The owner of the dominant property is entitled to make at his own expense on the servient property any work that may be necessary for the upkeep and use of the servitude.
- [II] He is bound to keep such work in a state of good repair inasmuch as the interest of the servient property may dictate.
- [III] The owner of the servient property is entitled to compensation if he is injured by an alteration in the condition of his immovable caused by such work or by its not being repaired.
- [IV] He may use such work provided he does not thereby hinder the exercise of the servitude and he shares in the costs of upkeep and repair in proportion to the benefit which he derives therefrom.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: 697, 698
- German Civil Code: 1020 (29), 1021
- Japanese Civil Code: 288
- Swiss Civil Code: 737, 741
- Miscellaneous : Maroc. 147.
Section 130.
- In any case where the exercise of a servitude is subject to payment of a compensation, the owner of the servient property is not bound to suffer such exercise until proper security for the payment of compensation has been given by the owner of the dominant property.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: 691
- Miscellaneous : -
Section 131.
- The owner of the servient property cannot alter the servitude or make its exercise more difficult. However if for any reason the servitude becomes more injurious, or hinders or prevents necessary repairs to his immovable, he can substitute a place not less convenient for the exercise of the servitude.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: 701
- German Civil Code: 1023
- Japanese Civil Code: -
- Swiss Civil Code: 737, 742
- Miscellaneous : Maroc. 151 (III).
Section 132.
- Servitude is transferred together with the ownership of the immovable as its appurtenance.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: 281, 286
- Swiss Civil Code: 781
- Miscellaneous : -
Section 133.
- [I] If the servient property be divided, the servitude as a rule continues upon all parts thereof.
- [II] If however the servitude does not rest upon any particular part and according to the circumstances cannot so rest, each owner of a portion not encumbered therewith may demand that it be extinguished as to his part.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: 700
- German Civil Code: 1026
- Japanese Civil Code: 282
- Swiss Civil Code: 744
- Miscellaneous : -
Section 134.
- [I] If the dominant property be divided, the servitude as a rule continues in favour of all the parts thereof.
- [II] If the use of the servitude is limited to one part according to the circumstances, the owner of the servient property can demand that it be extinguished in respect to the other parts.
《References indicated by the drafters》
