Book3 Division02 Title05
From Thai Codification Draft of 1919
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 V. Expropriation.
Section 73.
- Lands and any other immovable properties which are required by the Government for national use or public works shall be subject to expropriation, that is to say to a compulsory purchase according to the provisions of the present Title.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 74.
- [I] When the construction of a public work is decided without the exact area or tract being finally surveyed, a decree may be issued to mark out a zone within the limits of which the public work is likely to be constructed.
- [II] Such decree shall be valid for two years or for such other period stated therein which may be deemed necessary for the completion of the final survey. It shall specify the Ministry or Department (hereafter to be referred to as the Ministry or Department in charge) which is competent for the execution of the scheme.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 75.
- During the period of validity of the zone decree the officials of the Ministry or Department in charge are entitled to make on the properties of any person all the operations which may be necessary for a complete survey, such as to take measurements, to put up stakes in the ground, to collect samples of stones, sand or other material, etc. provided that the owners or lawful occupants of such properties shall receive compensation for any injury resulting from such operations of survey.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 76.
- [I] When the final survey, or a part thereof, is completed, a special decree shall authorize expropriation and state:
- (1) the purpose for which such expropriation is authorized,
- (2) the lands and other immovables subject to expropriation and the places or districts where they are situated,
- (3) the Ministry or Department in charge of the expropriation.
- [II] A map or plan showing the boundaries of the land required for national use or for the construction of public works and the boundaries of each separate piece of land partly or wholly subject to expropriation shall be annexed to such decree.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 77.
- The decree shall be published in the Government Gazette.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 78.
- A certified copy of the decree with the map annexed thereto shall be deposited:
- (1) at the offices of the Ministry or Department in charge ;
- (2) at the offices of the Provinces, Townships and other local authorities in which the lands and other immovables subject to expropriation are situated ;
- (3) at the offices of the land-record in the provinces in which the lands and other immovables subject to expropriation are situated.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 79.
- [I] On and after the date of the publication of the decree in the Government Gazette, the ownership of the lands and other immovables specified in the decree is vested in the Ministry or Department in charge, but such Ministry or Department shall have the right to take possession thereof only on payment or deposit of an indemnity, in the manner hereinafter provided.
- [II] On and after the same date, if any person having a right on the said lands and other immovables disposes of such right in favour of a third person, the latter can exercise the transferred right only against the indemnity.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 80.
- Indemnity shall be granted:
- (1) to the owner of a land subject to expropriation;
- (2) to the owner of a building existing on such land on the day when the zone decree was promulgated or erected afterwards with special authorization ;
- (3) to the lessee of the land or building subject to expropriation, provided the lease be in writing and executed before the date of the promulgation of the zone decree, or after such date with special authorization, and be not determined on or before the day when the Ministry or Department in .charge takes possession of the land or building. But indemnity in the case of such a lease shall only include the injury actually suffered by the lessee on account of his being obliged to vacate the land or building before the time fixed in the lease;
- (4) to the owner of any fruit trees or plantation existing on the said land on the day when the zone decree was promulgated or put up afterwards with special authorization ;
- (5) to the owner of any removable building existing on the said land on the day when the zone decree was promulgated ; but indemnity in this case shall only include the expenses of removing and re-erecting the building.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 81.
- When part only of a building is subject to expropriation, the owner may require that such extra part of the said building which cannot be used afterwards be also expropriated.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 82.
- When, in consequence of expropriation, a piece of land is to be reduced to less than one third of its original area, and such third contains less than one hundred square meters, the owner may require that the whole piece of land be expropriated, provided such third be not directly contiguous to any other piece of land belonging to the same owner.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 83.
- [I] The indemnity due for the ownership of any piece of land or building shall be equivalent to the value of the land or building on the day when the zone decree or the expropriation decree if there has been no zone decree, was promulgated, according to the market price and to the special circumstances of each particular case.
- [II] When part only of a piece of land or building is expropriated, a specific indemnity shall be allowed for the depreciation, if any, of the remaining part of the property.
- [III] When the owner is residing on a land or living in a building subject to expropriation, or carries thereon a lawful trade or business, indemnity shall be granted for the injury, if any, actually suffered by him on account of his being obliged to give up possession of such land or building.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 84.
- When the construction of the public works is such as to produce a special and immediate increase in the value of any remaining part of the property, such increase shall be deducted from the indemnity. But in no case shall such increase be considered to exceed the indemnity due so that the expropriated party be declared liable for a balance in money.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 85.
- No indemnity shall be allowed for the increase of value derived from:
- (1) any buildings, additions, plantations, improvements or leases when they have been made without special authorization granted by the Ministry or Department in charge after the date of the promulgation of the zone decree (due exception being made in case of cultivation of paddy or garden land in the ordinary course of husbandry);
- (2) any such buildings, additions, plantations, improvements or leases which appear to have been made fraudulently before the date of the promulgation of the zone decree for the only purpose of obtaining an indemnity.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 86.
- [I] Within three months from the date when the decree of expropriation has been published, and on application of the Ministry or Department in charge, a Commission shall be appointed by His Majesty's Government to consist of two members, one being an official of the Ministry or Department in charge, the other an official of either the Ministry responsible for the local administration, or the Ministry of Agriculture, as may seem fit.
- [II] The duty of such Commission shall be to inspect the lands and other immovables subject to expropriation and to try and fix amicably the amount of the indemnity.
- [III] The names of the Expropriation Commissioners and the specification of the districts in which they shall discharge their duties shall be published in the Government Gazette.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 87.
- The Local Authorities shall cause the substance of the decree of expropriation to be made known to the inhabitants of the districts concerned by posting a notice at their office, and by any means of publicity in in their power. The said local authorities shall further make known that any person claiming any right or interest on any land or other immovable subject to expropriation must present his claim to the Expropriation Commissioners within a period of one month from the notice.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 88.
- [I] The Expropriation Commissioners shall examine the claims brought before them, either verbally or in writing, in accordance with the foregoing section.
- [II] In case of any dispute as to the ownership of lands and other immovables, they shall try and settle it amicably.
- [III] Thereupon, the Expropriation Commissioners shall make a record of all the claims of ownership or otherwise for which indemnity may be due, distinguishing between claims of the persons whose rights are undisputed, and of those whose rights are disputed.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 89.
- The Expropriation Commissioners shall then negotiate with the persons whose rights are not disputed, and try to settle amicably the amount of the indemnity to be paid.
- (1) In case an agreement is come to, the terms and conditions thereof shall be reduced into writing and signed by both parties in the presence of a witness. On payment of the indemnity agreed upon, the Ministry or Department in charge shall have the right to take possession of the land or other immovable
- (2) In case no agreement is come to, the Ministry or Department in charge shall notify in writing its final offer to the other party. Should such offer not be accepted within ten days from date of notification, each party shall have the right to appoint an arbitrator; and, in the case where such arbitrators cannot come to an agreement, the arbitrators shall either appoint an umpire or apply to the Court to have an umpire appointed by it, subject to the provisions of the Civil Procedure Code.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 90.
- [I] When a person who is presumed to be entitled to indemnity as owner of any land or other immovable cannot be found, the Expropriation Commissioners shall fix the amount of the indemnity as they think fit, and deposit such sum in a Law Court. On such deposit being made, the Ministry or Department in charge shall have the right to take possession of the land or other immovable.
- [II] If within six months from the date of the deposit, the owner lays claim to the property and refuses to accept the sum fixed by the Expropriation Commissioners, arbitrators shall be appointed as provided by the foregoing section.
- [III] After six months have elapsed, the owner shall have no other option than to accept the indemnity deposited as aforesaid in full satisfaction of all claims and demands.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 91.
- [I] When (before payment to a party entitled to indemnity, or before the expiration of the period of six months provided in the foregoing section) any dispute arises as to the ownership of the property subject to expropriation, or as to the assignment or division of the indemnity, the Expropriation Commissioners or the Ministry or Department in charge as the case may be, shall try and settle amicably with all the parties in dispute the amount of indemnity.
- (1) In case an agreement is come to regarding the amount of the indemnity, the amount so agreed upon shall be deposited in a Law Court. On such deposit being made, the Ministry or Department in charge shall have the right to take possession of the property.
- (2) In case no agreement is come to regarding the amount of the indemnity, the Ministry or Department in charge shall notify its final offer in writing to the parties in dispute. Should such offer not be accepted by all the parties in dispute within ten days from date of the notification each party shall have the right to appoint an arbitrator; and, in the case where such arbitrators cannot come to an agreement the arbitrators shall either appoint an umpire or apply to the Court to have an umpire appointed by it, subject to the provisions of the Civil Procedure Code.
- [II] When the dispute arises after payment to a party entitled to indemnity or after the expiration of the period of six months provided in the foregoing section, claims can be exercised only against the persons who received the indemnity or in whose names the deposit was made.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 92.
- In case the amount of indemnity is to be settled by arbitration, the Court shall, on application made at any time by the Ministry or Department in charge, authorize such Ministry or Department to take possession of the land or other immovable; subject to the deposit of such sum as the Court think likely sufficient to secure the payment of indemnity.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 93.
- If the party entitled to indemnity refuses to receive it as fixed by agreement or by arbitration, the Ministry or Department in charge shall have the right to take possession of the land or other immovable on depositing the amount of such indemnity in a Law Court.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 94.
- If the owner or occupant of the land or other immovable refuses to let the Ministry or Department in charge take possession thereof when it is entitled by this Title to do so, the Court shall, on application of the said Ministry or Department, issue an Order of ejectment to be enforced at once, without prejudice to any judicial proceedings which may be instituted by the owner or occupant.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
