Book3 Division02 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 THINGS.

DIVISION II. Ownership.

TITLE III. Joint-Ownership.

Section 60.

• [I] Joint-owners are two or more persons who share the ownership of an undivided thing.
• [II] Shares are presumed to be equal.

《References indicated by the drafters》

1. Siamese law: Cf. Obligations 155.
2. French Civil Code: -
3. German Civil Code: 742, 1008
4. Japanese Civil Code: 250
5. Swiss Civil Code: 646
6. Miscellaneous : Italian 674.

Section 61.

• Each of the joint-owners can set up against third persons his right of ownership as extending to the whole thing.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: 1011
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 62.

• Each of the joint-owners has over his share the same rights and liabilities as a single owner.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2021
3. German Civil Code: 1114
4. Japanese Civil Code: -
5. Swiss Civil Code: 646, 800
6. Miscellaneous : Italian 679.

Section 63.

• No joint-owner can dispose of the thing without the consent of the other joint-owners.

《References indicated by the drafters》

1. Siamese law: Dika No.27, 40/117; 193, 232/118; 106, 140/119; 17, 257/120; 705/121; 87, 247/122; 46, 140, 409, 414, 473/123; 82/117.
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 64.

• [I] The transfer, pledge, mortgage, or servitude created by contract or will, on a joint property by one of the joint-owners, is valid only as far as the ownership. of the thing remains in him after division.
• [II] As to real rights instituted over, or for the benefit of, the thing by the effect of Law, the joint-owners are presumed to be joint debtors, or joint creditors, as the case may be.

《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 65.

• [I] A joint-owner is entitled to use the thing as he thinks fit provided he does not change its destination or use it to the injury of the other joint-owners.
• [II] None of the joint-owners is entitled to modify the thing except with the consent of all the other joint-owners.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 249, 251
5. Swiss Civil Code: 648
6. Miscellaneous : Italian 675, 677.

Section 66.

• Unless there is an agreement to the contrary, the thing is managed by all the joint-owners together. Each of them is entitled to do such acts as may be required for the necessary upkeep and repair of the thing.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: 744
4. Japanese Civil Code: -
5. Swiss Civil Code: 647
6. Miscellaneous : Italian 678.

Section 67.

• If a servitude encumbers a servient property belonging to several joint-owners it cannot be extinguished with regard to one of them only.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 709, 710
3. German Civil Code: -
4. Japanese Civil Code: 282, 284
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 68.

• A servitude acquired by one of the joint-owners of a dominant property benefits to the other joint-owners of such property. The fact that one of them exercises the servitude is enough to prevent it from being extinguished by non-usage with regard to all the joint-owners.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 282, 284
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 69.

• [I] The joint-owners bear all costs and expenses of management in proportion to their respective shares.
• [II] They are jointly liable towards third persons for the obligations incurred in that respect.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 208, 253
5. Swiss Civil Code: 649
6. Miscellaneous : Italian 676.

Section 70.

• [I] Joint-owners may agree not to divide the thing between themselves for a period not exceeding five years: provided that if any of the joint-owners becomes seriously injured by the agreement he may apply to the Court for its cancellation.
• [II] When there is no such agreement or when such agreement has been cancelled, any of the joint-owners may at any time apply to the Court for an order to divide the thing. In such case the Court shall always order that the thing be sold by public auction and the price shall be distributed among the joint-owners in proportion to their respective shares.

《References indicated by the drafters》

1. Siamese law: Dika Nos. 12, 17/117; 250/118; 175, 200, 203, 300/119; 275/121; 350/122; 37, 228/123; 25, 31, 34/117; 48/118; 78/120 etc.
2. French Civil Code: 815
3. German Civil Code: 750
4. Japanese Civil Code: 256, 258
5. Swiss Civil Code: 650, 651
6. Miscellaneous : Italian 881, 885.