Book1 Division01 Title02

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 I. HOW OBLIGATIONS ARISE.

TITLE II. Management of affairs without a mandate.

Section 88.

• Management of affairs without a mandate occurs when a person acts for another without his request or without being bound by law to do so.

《Genealogies》

1. Codes of 1923: 154
2. Codes of 1925: 395
3. Codes of 1992:

Section 89.

• [I] The manager must immediately notify the principal that he is acting for him.
• [II] No notification is necessary if the principal knows of it.

《Genealogies》

1. Codes of 1923: 155
2. Codes of 1925: 399 sent.1
3. Codes of 1992:

Section 90.

• The manager is bound to act for the principal with such care as may be expected from a person of ordinary prudence.

《Genealogies》

1. Codes of 1923: 156
2. Codes of 1925: 395
3. Codes of 1992:

Section 91.

• The manager is bound to continue to act until the principal or his heirs can act.

《Genealogies》

1. Codes of 1923: 157
2. Codes of 1925: -
3. Codes of 1992:

Section 92.

• If the manager has undertaken to act although he knew or ought to have known that such undertaking was contrary to the will of the principal, the following rules apply:
• (1) The principal is not bound to third persons, by the acts done by the manager.
• (2) The manager is liable to the principal for all the consequences of his intervention, even consequences due to force majeure.
• (3) The principal is not bound to reimburse the manager for the advances made or expenses incurred except in so far as he has been enriched thereby.

《Genealogies》

1. Codes of 1923: 158
2. Codes of 1925: 396
3. Codes of 1992:

Section 93.

• The fact that the manager has undertaken to act contrary to the will of the principal shall not be taken into consideration in any case in which a duty imposed on the principal in the public interest would not be fulfilled in due time except for such intervention.

《Genealogies》

1. Codes of 1923: 159
2. Codes of 1925: 397
3. Codes of 1992:

Section 94.

• If an act of management has for its object the averting of an imminent danger which threatens the principal, the manager is liable to the principal for the consequences of his act in so far only as they are due to his fault.

《Genealogies》

1. Codes of 1923: 160
2. Codes of 1925: 398
3. Codes of 1992:

Section 95.

• If the manager has undertaken to act not contrary to the will of the principal, but has failed to act with proper care, the following rules apply:
• (1) The principal is bound to third persons by the acts done by the manager.
• (2) The manager is liable to the principal for the consequences of his misconduct.
• (3) If advances have been made or expenses incurred by the manager, the principal is bound to reimburse them only in so far as he has been enriched thereby.

《Genealogies》

1. Codes of 1923: 161
2. Codes of 1925: -
3. Codes of 1992:

Section 96.

• [I] If the manager has undertaken to act not contrary to the will of the principal and has acted with proper care, the principal is bound to third persons by the acts done by the manager.
• [II] He is also bound to reimburse the manager for any advances made or expenses incurred by him.

《Genealogies》

1. Codes of 1923: 162
2. Codes of 1925: 401(I)
3. Codes of 1992:

Section 97.

• The manager is not entitled to remuneration.

《Genealogies》

1. Codes of 1923: 163
2. Codes of 1925: -
3. Codes of 1992:

Section 98.

• After the management has ceased, the manager must as soon as possible report to the principal how the matters have been executed.

《Genealogies》

1. Codes of 1923: 164
2. Codes of 1925: 399 sent.1
3. Codes of 1992:

Section 99.

• The manager must transfer to the principal the rights which he has acquired in his own name but on behalf of the principal.

《Genealogies》

1. Codes of 1923: 165
2. Codes of 1925: 402(II)
3. Codes of 1992:

Section 100.

• The manager must hand over to the principal all the monies and other properties which he receives in the execution of the management.

《Genealogies》

1. Codes of 1923: 166
2. Codes of 1925: 402(II)
3. Codes of 1992:

Section 101.

• If the manager has used for his own benefit money which he ought to have handed over to the principal or to have used for the principal, he must pay interest thereon from the day when be used it for his own benefit.

《Genealogies》

1. Codes of 1923: 167
2. Codes of 1925: 399 sent.2
3. Codes of 1992:

Section 102.

• A person who acts for another, believing that he is acting for himself, has only an action for undue enrichment against the principal.

《Genealogies》

1. Codes of 1923: 168
2. Codes of 1925: 405(I)
3. Codes of 1992:

Section 103.

• If the manager acts for one person, believing that he is acting for another person, the first named person only has the rights and duties arising out of the management.

《Genealogies》

1. Codes of 1923: 169
2. Codes of 1925: 404
3. Codes of 1992:

Section 104.

• [I] If the principal expressly or impliedly ratifies it the management is transformed into a contract of agency.
• [II] The principal who knew of the management and did not object to it within a reasonable time is deemed to have ratified it.

《Genealogies》

1. Codes of 1923: 170
2. Codes of 1925: 402(II)
3. Codes of 1992: