Book1 Division06 Title05 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 VI. EXTINCTION OF OBLIGATIONS.

TITLE V. Prescription.

Section 360.

• A right is extinguished by prescription if the creditor does not exercise it during the time provided by law.

《Genealogies》

1. Codes of 1923: 425
2. Codes of 1925: 163
3. Codes of 1992: 193/3

Section 361.

• The benefit of prescription cannot be waived before prescription is completed, but it may be renounced afterwards.

《Genealogies》

1. Codes of 1923: 426
2. Codes of 1925: 192(I) sent.1
3. Codes of 1992: 193/24 sent.1

Section 362.

• The periods of prescription fixed by law cannot be extended or reduced.

《Genealogies》

1. Codes of 1923: 427
2. Codes of 1925: 191
3. Codes of 1992: 193/11

Section 363.

• When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription.

《Genealogies》

1. Codes of 1923: 428
2. Codes of 1925: 193
3. Codes of 1992: 193/29

Section 364.

• Prescription runs from the time when the right can first be exercised.

《Genealogies》

1. Codes of 1923: 429
2. Codes of 1925: 169 sent.1
3. Codes of 1992: 193/12 sent.1

Section 365.

• If the creditor cannot demand performance until he has given notice to the debtor, prescription runs from the time when notice can first be given.

《Genealogies》

1. Codes of 1923: 430
2. Codes of 1925: 170(I)
3. Codes of 1992: 193/13 sent.1

Section 366.

• [I] If the debtor is not bound to perform until a period of time has elapsed after notice, prescription runs from the expiration of that period.
• [II] If the debtor is to abstain from doing an act, prescription runs from the time when the act is done.

《Genealogies》

1. Codes of 1923: 431
2. Codes of 1925: 169, 170(II)
3. Codes of 1992: 193/12 sent.2, 193/13 sent.2

Section 367.

• When prescription is completed, the right is extinguished as from the time when prescription began to run.

《Genealogies》

1. Codes of 1923: 432
2. Codes of 1925: 182
3. Codes of 1992: 193/25

Section 368.

• When the principal of an obligation is extinguished by prescription, interest, profits and accessories are also extinguished.

《Genealogies》

1. Codes of 1923: 433
2. Codes of 1925: 190
3. Codes of 1992: 193/26

Section 369.

• [I] The extinction of an obligation by prescription does not prevent the mortgagee or the creditor who has a preferential right on a property retained by him, to satisfy himself out of the mortgaged or retained property.
• [II] However, this provision does not extend for more than five years to the arrears of interest claimed by the mortgagee or creditor.

《Genealogies》

1. Codes of 1923: 434
2. Codes of 1925: 189
3. Codes of 1992: 193/27

Section 370.

• [I] As to rights existing in favour of an incapacitated person who is without a lawful representative, prescription is not completed until one year after such person has acquired or resumed capacity, or a lawful representative has been appointed.
• [II] As to rights existing in favour of an incapacitated person against his lawful representative, prescription is not completed until five years after such person has acquired or resumed capacity.

《Genealogies》

1. Codes of 1923: 435
2. Codes of 1925: 183, 184
3. Codes of 1992: 193/20, 193/21

Section 371.

• As to rights existing in favour of a husband against his wife or in favour of a wife against her husband, prescription is not completed until one year after dissolution of marriage.

《Genealogies》

1. Codes of 1923: 436
2. Codes of 1925: 185
3. Codes of 1992: 193/22

Section 372.

• When the prescription of an obligation existing in favour of a person or against him at the time of his death would have expired within one year after the date of the death, the period of prescription shall be extended to one year after the death.

《Genealogies》

1. Codes of 1923: 437
2. Codes of 1925: 186
3. Codes of 1992: 193/23

Section 373.

• Prescription is interrupted:
• (1) By the entry of an action in Court, provided that the action be not discontinued or dismissed; the date when the petition of the claimant is filed in Court is the date of the entry of the action.
• (2) By an application to prove in bankrup[t]cy, provided that the creditor does not withdraw his proof or that his proof be not disallowed.
• (3) By submission to arbitration.
• (4) By ack[n]owledgement of the obligation.

《Genealogies》

1. Codes of 1923: 438
2. Codes of 1925: 172, 173
3. Codes of 1992: 193/14, 193/18

Section 374.

• When an action is entered in Court, prescription remains interrupted until final judgment.

《Genealogies》

1. Codes of 1923: 439
2. Codes of 1925: 175
3. Codes of 1992: -

Section 375.

• If the action is dismissed on the ground of want of jurisdiction and the period of prescription has expired pending proceedings or would have expired within six months after final judgment, it shall be extended to six months after such judgment.

《Genealogies》

1. Codes of 1923: 440
2. Codes of 1925: 176
3. Codes of 1992: 193/17(II)

Section 376.

• In case of proof of bankrup[t]cy, prescription remains interrupted until annulment of bankrup[t]cy, or until final distribution of assets, as the case may be.

《Genealogies》

1. Codes of 1923: 441
2. Codes of 1925: 178(I)
3. Codes of 1992: -

Section 377.

• In case of submission to arbitration, prescription remains interrupted until final decision.

《Genealogies》

1. Codes of 1923: 442
2. Codes of 1925: 179
3. Codes of 1992: 193/18

Section 378.

• Acknowledgement of the obligation must be :
• (1) By a writing, or
• (2) By payment of an instalment or of interest, or
• (3) By any other part performance, or
• (4) By the giving of a security.

《Genealogies》

1. Codes of 1923: 443
2. Codes of 1925: 172
3. Codes of 1992: 193/14 No.1

Section 379.

• Deposit in lieu of performance does not interrupt p[re]scription.

《Genealogies》

1. Codes of 1923: 444
2. Codes of 1925: -
3. Codes of 1992: -

Section 380.

• The creditor of an obligation the subject of which is the payment of money periodically is entitled to require from the debtor at any time before the completion of the period of prescription a written acknowledgement of the obligation, in order to obtain evidence of the interruption of prescription.

《Genealogies》

1. Codes of 1923: 445
2. Codes of 1925: 180
3. Codes of 1992: 193/16

Section 381.

• When prescription is interrupted, the period of time which has elapsed before interruption does not count for prescription.

《Genealogies》

1. Codes of 1923: 446
2. Codes of 1925: 181(I)
3. Codes of 1992: 193/15(I)

Section 382.

• From the time when the interruption ceases, a fresh period of prescription runs.

《Genealogies》

1. Codes of 1923: 447
2. Codes of 1925: 181(II)
3. Codes of 1992: 193/15(II)