Book3 Division01 Title02

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

• Its 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 I. General Provisions.

TITLE II. Domain of the State.

Section 11.

• The domain of the State is divided into a public domain and a private domain.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 538 - 541, 717
3. German Civil Code: 958, 959
4. Japanese Civil Code: 230
5. Swiss Civil Code: 659, 664
6. Miscellaneous : Tunis 1 Sept. 1885.

Section 12.

• The public domain of the State includes every kind of State properties which are, by nature or by designation, in use for the public interest or reserved for the common benefit, that is to say:
• (1) all the unoccupied lands the ownership of which has never been granted to private persons;
• (2) the shore of the sea and harbours of any kind;
• (3) the highways, State railways, lakes and waterways;
• (4) the buildings and works of any kind erected by the State in the public interest or for common use (public palaces, fortresses and other military buildings, ministries, schools, museums, bridges, fountains, etc.);
• (5) the following movables : arms and am munitions for the service of the Army, Navy, Police and Gendarmerie, Warships, War aeroplanes, Museum collections;
• (6) all the things which are specifically included in the public domain by a Royal Decree.

《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 13.

• The private domain of the State includes every kind of State properties which are not included in the public domain under the foregoing Section, such as :
• (1) lands surrendered or abandoned by their owner without any other person being lawfully entitled to claim a right of ownership over them;
• (2) private palaces and buildings of any kind which are affected to the dwelling of officials, storing of movables belonging to the State, etc.;
• (3) movables used for the management of the Ministries, Departments or Offices of the State (such as furnitures of the Palaces or Administrative offices, cars or boats for public ceremonies and festivals, horses or other animals employed in the State services, etc.):
• (4) properties which are abandoned, or the owner of which is unknown, or the owner of which died without heirs or legatees, or which are transferred or forfeited to the State by contract, by will or by the effect of the law;
• (5) things lost or stolen the ownership of which devolves on the State according to the provisions of this Code or of the special laws relating thereto.

《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 14.

• No prescription or usucapion can be set up by private persons against the rights of the State on its public domain.

《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 15.

• [I] Things included in the public domain of the State cannot be disposed of except by Royal Decree provided the grant by the State of unoccupied lands to private persons, remains governed by the provisions of the Land, Mining and Forestry Laws.
• [II] Any act disposing of things included in the public domain of the State which is made without Royal Decree, or any grant of unoccupied lands which is made without complying with the substantial formalities of the Land, Mining and Forestry Laws, is void.

《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 16.

• [I] Servitudes established by law cannot be exercised upon an immovable of the public domain except with the consent of the Government.
• [II] Such consent can always be withdrawn.

《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 17.

• No distress is available on things belonging to the State, whether included in the public or in the private domain.

《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 18.

• Except in the case provided in the foregoing Section, the private domain of the State is governed by the same rules as things belonging to private persons.

《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 : -