Book3 Division04 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 IV. Servitudes.

TITLE II. Real Servitudes Established by Law.

Section 135.

• [I] Servitudes established by law can be exercised at any time in the conditions provided by law and without being registered.
• [II] The conditions provided by law may be altered by a contract, but such contract must be registered on the Land Register.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: 924
4. Japanese Civil Code: -
5. Swiss Civil Code: 680
6. Miscellaneous : Maroc. 109 (II).

Section 136.

• The manner of exercising a servitude established by law shall, in case of dispute thereanent, be inferred from the origin and nature of the servitude.

《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 137.

• [I] The Government can institute for the benefit of the neighbouring community a right to use for domestic or agricultural purposes the water of a well or pond upon private property; provided that the owner be never deprived of such quantity of water as will satisfy his reasonable requirements.
• [II] In such case, the owner is entitled to compensation for the institution and exercise of the servitude. This compensation shall be fixed in the same way as in the case of expropriation.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 642
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 709
6. Miscellaneous : -

Section 138.

• The owner of an immovable through which a water-course runs is entitled to alter the course of such water as he thinks fit, but he is bound to restore the water to its natural course at the place of exit.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 644, Law 29 April 1845, Law 8 April 1898
3. German Civil Code: -
4. Japanese Civil Code: 219, 222
5. Swiss Civil Code: -
6. Miscellaneous : Italian 543, 613.

Section 139.

• The owner of an immovable through or along which a water-course runs is entitled to use the water for his requirements but he is bound not to draw so much of it that the owners of other immovables along the same water-course cease to get the quantity of water which is necessary for their normal requirements.

《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 140.

• The owner of an immovable along which a water-course runs is entitled to build a dam across such water-course and to rest it on the opposite bank provided that no serious injury to other immovables be likely to result therefrom, and he pays compensation for minor injuries if any.

《References indicated by the drafters》

1. Siamese law: Laksana Betset 18 to 21.
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 222
5. Swiss Civil Code: -
6. Miscellaneous : Italian 613.

Section 141.

• In any case the Government is entitled to restrict the rights mentioned in the three foregoing Sections as far as water-ways of the public domain are concerned.

《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 142.

• [I] When an immovable has no access to any public road or has an access which is obviously inadequate to the reasonable requirements of its owner, the latter has a right of passage on the adjoining immovables to the nearest public way.
• [II] This right of passage can be claimed only against the owner of the adjoining land which will be the least injured thereby.
• [III] The owner who exercises a right of passage is bound to pay compensation for any injury resulting therefrom.
• [IV] The owner of an immovable is not precluded from claiming access to a public road by the fact that his immovable already has an access to a water-way.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 682 to 684
3. German Civil Code: 917
4. Japanese Civil Code: 210 to 213
5. Swiss Civil Code: 694
6. Miscellaneous : Italian 593; Maroc. 142, 143.

Section 143.

• The owner of an immovable is bound to allow, under reasonable conditions, the owner of an adjoining immovable to use his land (exclusive of dwelling places) for the purpose of such repairs to fences, walls or buildings on or near the boundary as could not be conveniently executed otherwise. But he is entitled to compensation for any injury caused thereby.

《References indicated by the drafters》

1. Siamese law: Cf. Penal Code (tresspass) Secs. 327 to 331.
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 209
5. Swiss Civil Code: 695
6. Miscellaneous : Italian 591.

Section 144.

• The owner of an immovable is bound to allow the laying through his property of water pipes, drainage pipes, electric wires or other similar fixtures for the use of the adjoining immovable when they cannot be laid without the use of the land or at unreasonable costs.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 691
6. Miscellaneous : -

Section 145.

• Servitudes instituted by law other than those specified in this Title are described in the special Laws relating thereto.

《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 : -