Book3 Division01 Title01

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 I. General Provisions.

TITLE I. Different Kind of Things.

Section 1.

• Things are either immovable or movable.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 516
3. German Civil Code: 90
4. Japanese Civil Code: 86
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 2.

• All things that are not described by law as immovable are movable.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 527, 528, 531, 532
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 653, 713
6. Miscellaneous : Tunis 3, 4.

Section 3.

• The following things are immovable :
• (1) land including water,
• (2) buildings on land even made of wood or bamboo.

《References indicated by the drafters》

1. Siamese law: Mortgage Act. 116 sect. 7.
2. French Civil Code: 518
3. German Civil Code: -
4. Japanese Civil Code: 86
5. Swiss Civil Code: 655
6. Miscellaneous : Tunis 4.

Section 4.

• [I] Anything which, by nature, or according to custom or to the intention of the owner of another thing, is joined, fixed, adapted or attached to such other thing for its permanent use, keeping or exploitation is an appurtenance of the principal thing.
• [II] When the appurtenance is temporarily severed from the principal thing, it does not cease to be an appurtenance.
• [III] Any act disposing of the principal thing extends to the appurtenance unless there be any agreement to the contrary.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 524
3. German Civil Code: 95, 97, 926
4. Japanese Civil Code: 242
5. Swiss Civil Code: 644
6. Miscellaneous : Italian 413, 414.

Section 5.

• [I] Trees of all kind, when planted for an unlimited period of time, are appurtenances of the immovable on which they stand as long as they have not been cut. The fruit, leaves or flowers of a tree are appurtenances thereof as long as they have not been plucked off.
• [II] Harvest which may be cropped once or several times per year are movable.

《References indicated by the drafters》

1. Siamese law: Dika Nos. 140/120, 386/122.
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 6.

• Animals are movable even when they are attached to an immovable for its exploitation.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 522, 524, 528
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : Tunis 8, 10.

Section 7.

• Profits denote the products of a thing as well as any benefits derived from the use of such thing.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: 100
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 8.

• [I] Products of a thing denote all that which is obtained in the use of such thing according to its nature or destination, such as the fruit of the trees, the milk, hair, wool of the animals and their offspring.
• [II] Products are acquired at the time when they are severed from the thing.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 547, 582 - 586
3. German Civil Code: 99, 100
4. Japanese Civil Code: 88, 89
5. Swiss Civil Code: 643
6. Miscellaneous : -

Section 9.

• [I] Interests of a thing denotes money or gain (such as rent, dividend on shares, interest on loans and debentures, etc.) obtained periodically by the owner from another person for the use of the thing by such other person.
• [II] Interests are calculated and acquired by day.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 586
3. German Civil Code: -
4. Japanese Civil Code: 89
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 10.

• No real rights may be created other than those described by law.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 543
3. German Civil Code: -
4. Japanese Civil Code: 175
5. Swiss Civil Code: -
6. Miscellaneous : -