Book1 Division07 Title19

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 VII. SPECIFIC CONTRACTS.

TITLE XIX. Insurance against Loss.

Section 925.

• A contract of insurance is a contract whereby a person agrees to make compensation for a contingent loss and another person agrees to pay therefor a sum of money called premium.

《Genealogies》

1. Draft of April 1924: 984
2. Code of January 1925: 861

Section 926.

• [I] The party who agrees to make compensation is called the underwriter.
• [II] The party who agrees to pay the premium is called the insurer.
• [III] The person who is to receive compensation is called the insured.

《Genealogies》

1. Draft of April 1924: 985
2. Code of January 1925: 862

Section 927.

• A contract of insurance is void unless made in writing.

《Genealogies》

1. Draft of April 1924: 990
2. Code of January 1925: -

Section 928.

• [I] If two or more contracts of insurance are made simultaneously for the same loss and the total amount of the sums insured exceeds the actual amount of the loss, the insured is entitled to receive compensation up to such amount only.
• [II] Each underwriter must pay a part of the actual loss in proportion to the sum insured by him.
• [III] Contracts of insurance are deemed to have been made simultaneously if their dates are the same.

《Genealogies》

1. Draft of April 1924: 994
2. Code of January 1925: 870

Section 929.

• If two or more contracts of insurance are made successively, the first underwriter is first liable for the loss. If the amount paid by him is not sufficient to cover the loss, the next underwriter is liable for the difference and so on, till the loss is covered.

《Genealogies》

1. Draft of April 1924: 995
2. Code of January 1925: 871

Section 930.

• [I] If a person who has insured his own property transfers the ownership of such property to another person, the contract of insurance is extinguished.
• [II] The foregoing provision does not apply and the contract of insurance is transferred with the property in the following cases :
• (1) When the property is transferred by way of inheritance.
• (2) When the underwriter, having received notice of the transfer, agrees to it.

《Genealogies》

1. Draft of April 1924: 999
2. Code of January 1925: 875

Section 931.

• [I] The underwriter is bound to pay compensation for the actual amount of the loss.
• [II] The actual amount of the loss shall be valued at the place where, and at the time when, the loss occurred. The sum insured is presumed to be a correct basis for such valuation.
• [III] The compensation cannot exceed the sum insured.

《Genealogies》

1. Draft of April 1924: 1001
2. Code of January 1925: 877

Section 932.

• The actual amount of the loss includes:
• (1) The damage caused to the insured property by reasonable measures used for preventing the loss.
• (2) All reasonable expenses incurred for preserving the insured property from the loss.

《Genealogies》

1. Draft of April 1924: 1001
2. Code of January 1925: 877

Section 933.

• A contract of insurance on carriage covers every loss which the goods carried may sustain from the time when they are received by the carrier until they are delivered to the consignee, and the amount of compensation must be fixed according to the value which the goods carried would have had on arrival at the place of destination.

《Genealogies》

1. Draft of April 1924: 1008
2. Code of January 1925: 883

Section 934.

• The expenses of valuation of the loss must be borne by the underwriter.

《Genealogies》

1. Draft of April 1924: 1002
2. Code of January 1925: 878

Section 935.

• [I] If the loss is caused by the fault of a third person, the underwriter who pays compensation is subrogated, up to the amount paid by him, to the rights of the insurer and of the insured against such third person.
• [II] If the underwriter has paid part only of the amount of the loss, he cannot exercise the rights mentioned in the foregoing paragraph to the prejudice of the rights which the insurer or the insured retain against the third person for the remainder of the loss.

《Genealogies》

1. Draft of April 1924: 1005
2. Code of January 1925: 880

Section 936.

• The underwriter is liable even if the loss is caused by the fault of the insured, unless the insured failed to comply with a particular clause of the contract.

《Genealogies》

1. Draft of April 1924: 1003
2. Code of January 1925: 879

Section 937.

• If the contract of insurance provides that, on the happening of the loss, the insurer or the insured are bound to inform the underwriter within a certain period of time, no such notice is necessary if the underwriter knew otherwise within that period of the happening of the loss.

《Genealogies》

1. Draft of April 1924: 1006
2. Code of January 1925: 881

Section 938.

• [I] The liability for payment of compensation is extinguished by prescription two years after date of loss.
• [II] The liability for payment of a premium is extinguished by prescription two years after the date when the premium became due.

《Genealogies》

1. Draft of April 1924: 1007
2. Code of January 1925: 882