Book3 Division04 Title04 Chapter02

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 IV. Other Servitudes.

Section 162.

• Superficies is a real right by virtue of which a person, called the superficiary, is entitled to use another person's land for the purpose of owning structures thereon, with or without paying rent.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: 1012, 1016
4. Japanese Civil Code: 265
5. Swiss Civil Code: 675, 779
6. Miscellaneous : Maroc. 97.

Section 163.

• [I] A right of superficies may be created: for a term not exceeding forty years, or for the term of the life of the land owner or of the superficiary.
• [II] In case no term has been agreed upon, each party can at any time determine the contract by giving reasonable notice to the other. But when a rent is to be paid, either one year's notice must be given or rent for one year be paid.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 268
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 164.

• Any contract or will creating or altering a right of superficies is void unless made in writing and registered on 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: -
6. Miscellaneous : -

Section 165.

• [I] The superficiary can transfer his right and dispose of it by inheritance.
• [II] He can also mortgage the structures erected on the land.

《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 166.

• When the superficiary has agreed to pay a periodical rent to the owner of the land, he must perform his obligation notwithstanding the loss of structures caused by force majeure.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 266, 274
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 167.

• Superficies is extinguished:
• (1) by the expiration of the term fixed by contract or will;
• (2) by the cancellation of the contract for non-payment of the rent, if any;
• (3) by determination of the contract.

《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 : -