Book3 Division03 Title03

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 III. Possession.

TITLE III. Recover of Possession.

Section 116.

• [I] An action for recovery of a specific or identified thing from a possessor who has no title of acquisition or has acquired the thing from a person who has no right to dispose of it, can be maintained by the owner.
• [II] The action for recovery can be maintained against the representative as well as against the possessor.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2279
3. German Civil Code: -
4. Japanese Civil Code: 193
5. Swiss Civil Code: 932
6. Miscellaneous : Italian 708.

Section 117.

• When, on account of the action for recovery, a possessor or representative is deprived of the thing he has only a right to claim compensation from his transferor.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2279
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : Italian 708.

Section 118.

• If a possessor or representative has acquired a thing lost or stolen, in good faith, by purchase at an auction, or in open market, or from a trader dealing in similar things, the owner can only recover it on reimbursement of the purchase price.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2280
3. German Civil Code: 935
4. Japanese Civil Code: 194
5. Swiss Civil Code: 934
6. Miscellaneous : Italian 709.

Section 119.

• Money and instruments to bearer even lost or stolen cannot be recovered from a possessor who has acquired them in good faith.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 935
6. Miscellaneous : -

Section 120.

• A possessor is in good faith when he possesses by virtue of a title the defects of which he does not know. He remains in good faith until the time when conclusive evidence of the defects has been produced against his title. He then ceases to be in good faith from that moment only.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 550
3. German Civil Code: -
4. Japanese Civil Code: 189 (II)
5. Swiss Civil Code: -
6. Miscellaneous : Italian 701.

Section 121.

• [I] A possessor is in bad faith when he possesses forcibly or clandestinely.
• [II] But the possessor is not in bad faith when he has taken possession forcibly in compliance with the provisions governing self-help or lawful defence.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2229, 2233
3. German Civil Code: 858
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : Italian 689.

Section 122.

• [I] The possessor in good faith who is deprived from possession of a thing is not responsible towards the owner for loss or damage to such thing. But if he has received a compensation paid to him for such loss or damage, he is bound to return such part of compensation as governed by the provisions of undue enrichment.
• [II] If the possessor was in bad faith, he is fully responsible towards the owner for the loss or damage even caused by force majeure.

《References indicated by the drafters》

1. Siamese law: Cf, Obligations (Undue Enrichment) Secs. 110, 112.
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 191
5. Swiss Civil Code: 938 (II)
6. Miscellaneous : -

Section 123.

• [I] A possessor in good faith acquires the profits and interests of the thing possessed. In case of his being deprived of possession, he is bound to return such profits and interests calculated from the moment he ceases to be in good faith only.
• [II] If the possessor was in bad faith, he is bound to return the profits and interests of the thing possessed, and to pay compensation for those which have not been collected.

《References indicated by the drafters》

1. Siamese law: Cf. Obligations Secs. 114, 115.
2. French Civil Code: 519
3. German Civil Code: 955, 993
4. Japanese Civil Code: 189, 190
5. Swiss Civil Code: 938, 940
6. Miscellaneous : Canadian 431; Italian 703.

Section 124.

• A possessor who has incurred expenses on account of the thing from the possession of which he is deprived is entitled to reimbursement according to the provisions concerning restitution of undue enrichment.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 939, 940
6. Miscellaneous : Canadian 411.

Section 125.

• When the owner had transferred the thing to a person in execution of a contract which is afterwards cancelled as void, voidable or for any other reason, such cancellation gives only to the transferor a personal action against the transferee for return of the thing or compensation, but it does not give him the real action for recovery against any present possessor of the thing in good faith.

《References indicated by the drafters》

1. Siamese law: Cf. Obligations Secs. 112, 113.
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -