Book1 Preliminary Title03

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.

PRELIMINARY.

TITLE III. General Provisions.

Section 11.

• [I] An obligation is a legal relation whereby one or more persons, called debtors, are bound to one or more other persons, called creditors, to deliver property, or to do or to abstain from doing an act.
• [II] The delivery of property or the doing or not doing of the act is called prestation.

《Genealogies》

1. Codes of 1923: 10
2. Codes of 1925: -
3. Codes of 1992: -

Section 12.

• Obligations may be created, modified or determined by mutual consent of the parties, as they may think fit.

《Genealogies》

1. Codes of 1923: 11
2. Codes of 1925: -
3. Codes of 1992: -

Section 13.

• An agreement or a clause in an agreement which excludes or modifies the provisions of law in which public policy or the safety of persons or property are involved, is void.

《Genealogies》

1. Codes of 1923: 12
2. Codes of 1925: 113
3. Codes of 1992: 150

Section 14.

• If there is no law applicable to a case, custom shall apply.

《Genealogies》

1. Codes of 1923: 13
2. Codes of 1925: 4(II)
3. Codes of 1992: 4(II)

Section 15.

• If there is neither law nor custom applicable to a case, the case shall be decided by analogy with the nearest provision or the general principles of law.

《Genealogies》

1. Codes of 1923: 14
2. Codes of 1925: 4(III)
3. Codes of 1992: 4(III)

Section 16.

• Whenever a writing is required by law, it is not necessary that it be written by the person or persons from whom it is required, or by the parties to it, but it must bear their signature.

《Genealogies》

1. Codes of 1923: 15
2. Codes of 1925: 9
3. Codes of 1992: 9

Section 17.

• In so far as circumstances admit, the provisions of this Code concerning the validity of contracts apply to anything which may create, modify or extinguish an obligation.

《Genealogies》

1. Codes of 1923: 16
2. Codes of 1925: -
3. Codes of 1992: -

Section 18.

• Creation, extinction or modification of rights, and fulfil[l]ment of obligations must be made in good faith.

《Genealogies》

1. Codes of 1923: 17
2. Codes of 1925: 5
3. Codes of 1992: 5

Section 19.

• Every person is presumed to be acting in good faith.

《Genealogies》

1. Codes of 1923: 18
2. Codes of 1925: 6
3. Codes of 1992: 6

Section 20.

• Good faith is no defence if not coupled with such care as may be expected from a person of ordinary prudence.

《Genealogies》

1. Codes of 1923: 19
2. Codes of 1925: -
3. Codes of 1992: -

Section 21.

• An agreement that a person shall not be liable for the consequences of his own bad faith is void.

《Genealogies》

1. Codes of 1923: 20
2. Codes of 1925: -
3. Codes of 1992: -

Section 22.

• In case of doubt an obligation shall be construed in favour of the debtor.

《Genealogies》

1. Codes of 1923: 21
2. Codes of 1925: 11
3. Codes of 1992: 11

Section 23.

• Whenever interest is to be paid, and the rate is not fixed by the contract or by law, it shall be 7½% per year.

《Genealogies》

1. Codes of 1923: 22
2. Codes of 1925: 7
3. Codes of 1992: 7