Book3 Division04 Title04 Chapter01

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 IV. Servitudes.

TITLE IV. Other Servitudes.

Section 153.

• Habitation is the right granted by the owner of a land or house to another person to use such land or house for a term of years or for life of the grantee without paying any rent.

《References indicated by the drafters》

1. Siamese law: Dika Nos. 711/124, 152/121, 263/122, 741/123; Land Law 2459, Secs. 1 and 2.
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 154.

• Unless the right of habitation has been granted in writing and registered in the Land Register:
  • (1) it can be revoked by the grantor at any time on giving one month notice to the grantee;
  • (2) it cannot be set up against the transferees for value or mortgagees of the land or house.

《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 155.

• The grantee can use the land or house as he thinks fit, provided he does not alter or use it to the injury of the grantor.

《References indicated by the drafters》

1. Siamese law: Lacsana Betset 42; Dika 610/121, 442/124, 105/125.
2. French Civil Code: 631, 634
3. German Civil Code: 1092
4. Japanese Civil Code: -
5. Swiss Civil Code: 776
6. Miscellaneous : Maroc. 84.

Section 156.

• The grantee is entitled to share the benefit of his right with his family and servants.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 632
3. German Civil Code: 1093
4. Japanese Civil Code: -
5. Swiss Civil Code: 777
6. Miscellaneous : Maroc. 81.

Section 157.

• The grantee cannot let the land or house subject to habitation, nor transfer his right even by way of inheritance.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 634
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 158.

• The grantee is bound to make the petty repairs and to bear the expenses of ordinary maintenance.

《References indicated by the drafters》

1. Siamese law: Cf. Obligations Sec. 519.
2. French Civil Code: 605
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 778
6. Miscellaneous : -

Section 159.

• If the grantee uses the land or house contrary to the provisions of the four foregoing Sections, the grantor may apply to the Court for injunction or for cancellation of the grant of habitation and compensation for injury if any.

《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 160.

• Habitation is extinguished:
  • (1) by the expiration of the period provided by contract or will;
  • (2) by the death of the grantee;
  • (3) by the renunciation of the grantee;
  • (4) by abandonment of habitation;
  • (5) by revocation or cancellation in the cases provided in this chapter.

《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 161.

• On extinction of the habitation the land or house shall be returned to the grantor in such condition as it is at the time of extinction without any compensation.

《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 : -