Book1 Division04 Title03 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 OBLIGATIONS.

DIVISION IV. EFFECTS OF OBLIGATIONS.

TITLE III. Rights of the Debtor.

Section 288.

• The creditor is bound to receive performance of the obligation if the performance tendered is such as provided by the obligation or by law.

《Genealogies》

1. Codes of 1923: 354
2. Codes of 1925: 208(I)
3. Codes of 1992:

Section 289.

• The creditor is in default [after] a tender of performance is made to him.

《Genealogies》

1. Codes of 1923: 355
2. Codes of 1925: 207
3. Codes of 1992:

Section 290.

• [I] No tender of performance is necessary in the following cases:
• (1) If the creditor has expressly declared that he will refuse to receive performance.
• (2) If the performance of the obligation by the debtor depends on an act to be done by the creditor, and the creditor does not do such act.
• [II] In such cases the creditor is in default from the time when the debtor notifies him to receive performance or to do the act.

《Genealogies》

1. Codes of 1923: 356
2. Codes of 1925: 208(II)
3. Codes of 1992:

Section 291.

• [I] No tender of performance or notification is necessary if the act of the creditor mentioned in Section 290 is to be done within a definite period of time.
• [II] If the creditor does not do the act within the period, he is in default from the end of it.

《Genealogies》

1. Codes of 1923: 357
2. Codes of 1925: -
3. Codes of 1992:

Section 292.

• No tender of performance or notification is necessary if the debtor cannot ascertain who or where the creditor is. In such cases the creditor is in default from the time when the debtor has the right to perform his obligation.

《Genealogies》

1. Codes of 1923: 358
2. Codes of 1925: -
3. Codes of 1992:

Section 293.

• A tender of performance must be in conformity with the obligation.

《Genealogies》

1. Codes of 1923: 359
2. Codes of 1925: 208(I)
3. Codes of 1992:

Section 294.

• From the time when the creditor is in default, the following rules apply:
• (1) If performance of the obligation becomes impossible owing to force majeure, the creditor is not discharged from his reciprocal prestation, if any.
• (2) If the obligation is to pay a sum of money, such sum ceases to bear interest.

《Genealogies》

1. Codes of 1923: 360
2. Codes of 1925: 221, 330, 370(I)
3. Codes of 1992: