View source for Book3 Division02 Title01 Chapter02

= DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. =

* The today existing (probably) only copy of its publication is in possession of [https://librarykoha.bu.ac.th/cgi-bin/koha/opac-main.pl '''the main library of Bangkok University''']. The detailed information and images of the original sources are available on [https://openlegaltextbook.ddns.net/Centennial/ 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 [https://openlegaltextbook.ddns.net/Resources/01_French-Heritage_20190720.pdf "French Advisers' Heritage"]. 

== BOOK ON THINGS. ==

=== '''DIVISION II. Ownership.''' ===

==== TITLE I. Acquisition of Ownership. ====

===== Chapter II. Acquisition by the Effect of Law. =====

====== '''Section 28.''' ======
* Things are acquired by the effect of law when the transfer of ownership results from the application of a law with or without the consent of the owner, such as in case of expropriation or requisition by the State, or of execution on goods by the State or by a private person empowered to do so' by the Civil or Criminal Procedure Laws, or of forfeiture to the State by application of the Penal Laws.

'''《References indicated by the drafters》'''
# Siamese law: -
# French Civil Code: -
# German Civil Code: -
# Japanese Civil Code: -
# Swiss Civil Code: -
# Miscellaneous : -

====== '''Section 29.''' ======
* Alluvial deposit formed by nature or by the work of man on the bank of a waterway or lake becomes the property of the riparian owner of the land.

'''《References indicated by the drafters》'''
# Siamese law: -
# French Civil Code: 1, 8 April 1898
# German Civil Code: [https://openlegaltextbook.ddns.net/Codes/1896_de_bgb/index.php/Book1_Chapter01_Title02_Part01_No02#Section_69,. 69, law introduct.]
# Japanese Civil Code: -
# Swiss Civil Code: 351, 556 - 558, 659
# Miscellaneous : Maroc. 19.

====== '''Section 30.''' ======
* Islands formed by alluvion in a lake or in a waterway, beds of waterways left dry, alluvion on the seashore and islands formed in the territorial waters become the property of the State.

'''《References indicated by the drafters》'''
# Siamese law: -
# French Civil Code: 557, 560
# German Civil Code: [https://openlegaltextbook.ddns.net/Codes/1896_de_bgb/index.php/Book2_Chapter07_Title03_Part01#Section_563. 563]
# Japanese Civil Code: -
# Swiss Civil Code: 659
# Miscellaneous : Maroc. 21.

====== '''Section 31.''' ======
* [I] If an owner loses his land or a portion thereof in consequence of a change in the course of a waterway, such owner is entitled by priority to a portion of the old bed of the waterway provided he applies within one year to the Land Officer for grant thereof and such grant is duly registered.
* [II] The old bed of the waterway is considered as an unoccupied land.

'''《References indicated by the drafters》'''
# Siamese law: -
# French Civil Code: -
# German Civil Code: -
# Japanese Civil Code: -
# Swiss Civil Code: -
# Miscellaneous : -

====== '''Section 32.''' ======
* If a person has in good faith constructed a building on a piece of land owned by another person, the owner of the land shall become owner of such building; he must pay compensation to the constructor for any increase of value accruing to the land from the building and he is entitled to no compensation from the constructor for any decrease of value resulting from the same.

'''《References indicated by the drafters》'''
# Siamese law: Cf. Obligations Sec. 118.
# French Civil Code: 555
# German Civil Code: -
# Japanese Civil Code: [https://openlegaltextbook.ddns.net/Codes/1896_ja_zgb/index.php/Book2_Chapter02_Title02#Article_196. 196]
# Swiss Civil Code: 671, 673
# Miscellaneous : Maroc. 18.

====== '''Section 33.''' ======
* [I] If a person has in bad faith constructed a building on a piece of land owned by another person, he must at his own expense put the land in its former condition.
* [II] If it is impossible to put the land in its former condition or it would be damaged thereby, the owner of the land shall become the owner of the building ; he shall be liable to no compensation to the constructor for any increase of value accruing to the land from the building, and he shall be entitled to compensation from him for any decrease of value resulting from the same.

'''《References indicated by the drafters》'''
# Siamese law: Cf. Obligations Sec. 119.
# French Civil Code: -
# German Civil Code: -
# Japanese Civil Code: -
# Swiss Civil Code: 672
# Miscellaneous : Maroc. 18(1).

====== '''Section 34.''' ======
* If the conditional owner of a piece of land has constructed a building on it and the land becomes afterwards the property of another person by the effect of the condition, he may either put the property in its former condition at his own expense, or deliver it in such condition as it is ; in the latter case, he shall be entitled to compensation from the new owner of the land for any increase of value accruing to the land from the building, but he shall be liable to compensation to him for any decrease of value resulting from the same.

'''《References indicated by the drafters》'''
# Siamese law: Cf. Dika No. 259/121.
# French Civil Code: -
# German Civil Code: -
# Japanese Civil Code: -
# Swiss Civil Code: -
# Miscellaneous : -

====== '''Section 35.''' ======
* [I] The three foregoing Sections apply mutatis mutandis to a person who, instead of constructing a building, has made a plantation or any other kind of work.
* [II] However, if the yearly harvest or crop is still to be made, the owner of the land must either allow the person in good faith or the conditional owner who has made the plantation to remain in possession of such land up to the time of the harvest or crop on payment of compensation based on the rental value of the same, or take at once possession of the land on payment to the other party of compensation for the loss of the harvest or crop.

'''《References indicated by the drafters》'''
# Siamese law: -
# French Civil Code: 555
# German Civil Code: -
# Japanese Civil Code: -
# Swiss Civil Code: 678
# Miscellaneous : -

====== '''Section 36.''' ======
* When the owner of a piece of land has in good faith constructed buildings on such land or made plantations or any other works from materials belonging to another person, he becomes the owner of such materials, but the other person is entitled to the payment of the value of those materials and compensation for injury if any.

'''《References indicated by the drafters》'''
# Siamese law: -
# French Civil Code: 554
# German Civil Code: -
# Japanese Civil Code: -
# Swiss Civil Code: -
# Miscellaneous : Maroc. 17.

====== '''Section 37.''' ======
* [I] If several movable things, belonging to different owners have been joined by the consent of such owners, and the union is such that the things can no more be severed from each other without injury or that the separation would entail excessive expense, the ownership of the composite thing belongs to the owner of the principal thing, provided he pays to the other person a compensation based on the value of the thing which belonged to such other person.
* [II] If there is no possible distinction of principal and appurtenance, the different owners become joint-owners of the composite thing in proportion to the respective value of the separate things at the time of union.

'''《References indicated by the drafters》'''
# Siamese law: -
# French Civil Code: -
# German Civil Code: [https://openlegaltextbook.ddns.net/Codes/1896_de_bgb/index.php/Book3_Chapter03_Title03_Part03#Section_947. 947]
# Japanese Civil Code: [https://openlegaltextbook.ddns.net/Codes/1896_ja_zgb/index.php/Book2_Chapter03_Title02#Article_243. 243], [https://openlegaltextbook.ddns.net/Codes/1896_ja_zgb/index.php/Book2_Chapter03_Title02#Article_244. 244]
# Swiss Civil Code: 726, 727
# Miscellaneous : -

====== '''Section 38.''' ======
* If two movable things, belonging to two different persons, have been united without the consent of one of such persons, the following rules shall apply:
* (1) When the union is such as the two things can no longer be severed from each other, the person without whose consent the union was done shall become the owner of the new thing so created provided that if the other person was in good faith, the owner of the new thing pays to him the value of the thing which belonged to such other person. 
* (2) When the union is such as the two things can still be severed from each other, the person without whose consent the union was done is entitled to claim that the things be severed and that compensation be paid to him by the other person for any injury resulting therefrom. 

'''《References indicated by the drafters》'''
# Siamese law: -
# French Civil Code: -
# German Civil Code: -
# Japanese Civil Code: -
# Swiss Civil Code: -
# Miscellaneous : -

====== '''Section 39.''' ======
* [I] If a material has, without the consent of its owner, been turned into a new form by a workman, it remains the property of the said owner without regard to the possibility or impossibility to turn the thing into its old form again. If the workman was in good faith, he is entitled to claim compensation for his work; if he was in bad faith, he is not entitled to such compensation, and is liable to pay to the owner compensation for injury if any.
* [II] However, when the value of the workmanship greatly exceeds the value of the material, the Court may decide that the thing becomes the property of the workman. In such case he shall be liable to pay compensation for the value of the material, and, if he was in bad faith, for injury if any.

'''《References indicated by the drafters》'''
# Siamese law: -
# French Civil Code: 570, 571
# German Civil Code: -
# Japanese Civil Code: [https://openlegaltextbook.ddns.net/Codes/1896_ja_zgb/index.php/Book2_Chapter03_Title02#Article_246. 246]
# Swiss Civil Code: 726
# Miscellaneous : -