Book3 Division02 Title01 Chapter01

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 II. Ownership.

TITLE I. Acquisition of Ownership.

Section 19.

• The ownership of things may be acquired:
  • (1) by the effect of law, or
  • (2) by way of occupation, or
  • (3) by way of usucapion, or
  • (4) by way of inheritance, or
  • (5) by the effect of obligations.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 711, 712
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : Italian 710.

Section 20.

• The acquisition of ownership on immovables by the effect of obligations is complete only by registration of the right of the owner in the Land Register.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 656 (I), 657
6. Miscellaneous : -

Section 21.

• As regards immovables which are acquired by the effect of the law, by way of occupation or by way of inheritance the right of ownership devolves, even before the registration, upon the acquirer, when he has complied with the conditions required by law. But he cannot set up his right against third persons or dispose of it until registration has been made.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 176, 177
5. Swiss Civil Code: 656 (II), 657, 662
6. Miscellaneous : -

Section 22.

• [I] As regards immovables which are acquired by usucapion, the right of ownership devolves upon the possessor as soon as he has completed usucapion, and such possessor is then entitled to claim his registration as owner. But he cannot dispose of his right until registration has been made.
• [II] No transfer of immovables made by the original owner can be set up against the possessor after he has completed usucapion even when such possessor has not yet registered his right of ownership.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 662
6. Miscellaneous : -

Section 23.

• The acquirer of an immovable from an original owner who is known is entitled to require from him bis assistance for the registration.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 24.

• [I] The Land Register shall contain a complete record of all rights and interests on the lands and buildings, of any transfer of ownership, and of lease over three years, mortgages, servitudes, preferential rights.
• [II] Immovables included in the public domain of the State are not registered in the Land Register unless real rights be created upon such immovables.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 912, 943, 958
6. Miscellaneous : -

Section 25.

• The organization of Land Register and the formalities and proceedings concerning registration or cancellation, publicity, etc. are regulated by the special law relating thereto.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: Cf. Title XXV. Land Register.
6. Miscellaneous : -

Section 26.

• Ships or vessels having displacement of and over six tons, steam-launches or motor-boats having displacement of and over five tons, floating-houses and beasts of burden can be acquired only by registration of the rights of the owner, in the same manner and conditions as immovables.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 27.

• The acquisition of ownership on movables other than those specified in the foregoing section cannot be set up against third persons unless the acquirer or transferee has taken possession of such movables.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 178
5. Swiss Civil Code: -
6. Miscellaneous : -