Book3 Division02 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 II. Ownership.

TITLE II. Extent and Exercise of Ownership.

Section 48.

• The ownership of land extends above and below the surface, subject to the laws on mines and quarries.

《References indicated by the drafters》

1. Siamese law: Mining Act 120.
2. French Civil Code: 552
3. German Civil Code: 905
4. Japanese Civil Code: 207
5. Swiss Civil Code: 667
6. Miscellaneous : -

Section 49.

• The ownership of a thing extends to :
• (1) profits and interest of such thing;
• (2) all natural or artificial appurtenances of such thing.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 546, 551
3. German Civil Code: -
4. Japanese Civil Code: 206
5. Swiss Civil Code: -
6. Miscellaneous : Maroc. Sec.642.

Section 50.

• [I] The owner has the right freely to use the thing and to dispose of it as he thinks fit, subject to the restrictions imposed by law.
• [II] When using his right, he must refrain from any act which would cause to the neighbouring properties more injury or inconvenience than is customarily tolerated according to the respective nature and situation of the properties.
• [III] He must take all reasonable steps in order to prevent any structures or trees standing on his property from collapsing on the adjoining property.

《References indicated by the drafters》

1. Siamese law: Cf. Siam, Local Sanitary Decree 116; Sanitary Regulation 117; Additional Law 117 to the Local Administration Act 116; Transitory Land Act 119, Sec. 12.
2. French Civil Code: 537
3. German Civil Code: 906, 908, 909
4. Japanese Civil Code: 200, 237, 238
5. Swiss Civil Code: 641, 684, 685
6. Miscellaneous : -

Section 51.

• The owner of an immovable cannot construct roofs or other structures which cause rain water to fall directly on adjoining immovables.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 681
3. German Civil Code: -
4. Japanese Civil Code: 141
5. Swiss Civil Code: -
6. Miscellaneous : Italian 591; Maroc. 141.

Section 52.

• [I] When there are heavy buildings or structures on an immovable, the owner of the adjoining immovable, when digging wells, cisterns, ditches, pools, etc. must take any necessary precautions to prevent the collapse of such buildings or structures.
• [II] If he fails to do so, the owner of the buildings or structures may require that the work be stopped at once until necessary precautions have been taken.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: 909
4. Japanese Civil Code: 237
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 53.

• The owner of an immovable is always entitled to enclose it, provided that he does not prevent the exercise of servitudes.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 47
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : Maroc. 12.

Section 54.

• Fences, walls, hedges, ditches, or canals which serve as boundaries between two immovables are presumed to be joint-property of the owners of such immovables.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 653
3. German Civil Code: -
4. Japanese Civil Code: 229, 230
5. Swiss Civil Code: 670
6. Miscellaneous : Maroc. 116.

Section 55.

• When the common enclosure of two immovables consists of an hedge or of a ditch which is not used as a drain, each of the joint owners is entitled to cut down the hedge or to fill up the ditch up to the middle of its width, in order to build a wall or fence on the limit of his own immovable.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 668
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 56.

• When a tree grows on the boundary line between two immovables it is joint-property. Each joint-owner can have it felled as he thinks fit. Its fruit and the timber belong to the joint-owners in equal shares.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 670
3. German Civil Code: 923
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : Maroc. 132.

Section 57.

• When branches or roots of any tree encroach upon the adjoining land its owner may give to the owner of the tree notice to cut such branches or roots within a reasonable time. If the owner of the tree does not comply with such notice the owner of the land is entitled to cut and keep the branches or roots, and to receive compensation for damages if he has incurred thereby.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 673
3. German Civil Code: 910, 911
4. Japanese Civil Code: 232
5. Swiss Civil Code: 637
6. Miscellaneous : Maroc. 135.

Section 58.

• Any person is entitled to lead cattle in order to feed or water it over another person's land which is not enclosed, unless:
• (1) the owner expressly forbids it, or
• (2) the land is actually planted with trees, rice or other crops.

《References indicated by the drafters》

1. Siamese law: Laksana Betset 1 to 6, 8.
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 699
6. Miscellaneous : -

Section 59.

• Any person has a free access into the woods, forests and pasture land owned by another person and can collect fuel or fruits and gather wild growing vegetables, mushrooms and the like according to local custom, in so far as the local authorities have not issued special prohibition.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 699
6. Miscellaneous : -