Book3 Division03 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 III. Possession.

TITLE II. Usucapion.

Section 109.

• Usucapion is the way by which a possessor acquires the right of ownership by long and uninterrupted use.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 162
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 110.

• A person who openly and without interruption possesses a specific or identified thing belonging to another person for a period of;
• (1) ten years in case of an immovable,
• (2) seven years in case of ships or vessels having displacement of and over six tons, steam launches or motor-boats having displacement of and over five tons, floating houses and beasts of burden,
• (3) five years in case of other movables, becomes the owner of it.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 162
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 111.

• In case of usucapion, the calculation of periods of time is governed, mutatis mutandis, by the provisions of the Code on Obligations concerning Prescription.

《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 112.

• As regards things obtained through an offence, usucapion is not completed in favour of the offender or of the transferee in bad faith until the penal action is extinguished by prescription.

《References indicated by the drafters》

1. Siamese law: Cf. Panel Code, Sec. 96.
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 162
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 113.

• Usucapion is interrupted when possessory rights are extinguished. It is not deemed to be interrupted:
• (1) when possession is exercised through a representative,
• (2) when the possessor having been unvoluntarily [=involuntarily] and temporarily dispossessed of the thing recovers possession of it.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2232, 2244
3. German Civil Code: 856 (II), 940
4. Japanese Civil Code: 164
5. Swiss Civil Code: 921
6. Miscellaneous : Canadian 2196.

Section 114.

• When the first and last terms of possession are proved, the possession is presumed to have continued during the interval.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2234
3. German Civil Code: 938
4. Japanese Civil Code: 186 (II)
5. Swiss Civil Code: -
6. Miscellaneous : Canadian 2199; Italian 691, 692.

Section 115.

• [I] The transferee of a possessor can at his option either assert his own possession or his possession together with that of the transferor.
• [II] In the latter case the defects which existed in the possession of the transferor can be set up against the transferee.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2235
3. German Civil Code: 943, 944
4. Japanese Civil Code: 187
5. Swiss Civil Code: -
6. Miscellaneous : Canadian 2200.