Book3 Division03 Title01

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 I. General Provisions.

Section 95.

• [I] Possession of a thing is the fact of holding on his own account a thing, or otherwise exercising power or control over it, by a person called the possessor.
• [II] Possession may be exercised by the possessor either directly or through another person, hereafter referred to as his " representative", who is under an obligation to return the thing to the possessor.
• [III] In case of property in genere which is not identified, the person who holds such property or exercises power or control over it is always deemed to be direct possessor of such property notwithstanding the obligation, if any, under which he is, to deliver such property or its equivalent to the original possessor.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2228
3. German Civil Code: 854, 855, 868
4. Japanese Civil Code: 180, 181
5. Swiss Civil Code: 919, 920
6. Miscellaneous : Canadian 2192; Italian 685.

Section 96.

• Possession of a thing which cannot be the subject of a private right of ownership gives no right to the possessor.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2226
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : Canadian 2213, 2220; Italian 690.

Section 97.

• Transfer of possession is complete by the actual or constructive delivery of the thing possessed.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: 182
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 98.

• A possessor is entitled to avert dispossession or any disturbance by using any means within the limits specified in the provisions concerning Lawful Defence.

《References indicated by the drafters》

1. Siamese law: Cf. Obligations (Lawful Defence) , Sec. 143.
2. French Civil Code: -
3. German Civil Code: 862
4. Japanese Civil Code: -
5. Swiss Civil Code: 926
6. Miscellaneous : -

Section 99.

• A possessor who has been unlawfully dispossessed of a thing by another person is entitled to have the thing returned to him at once, and to receive compensation for injury, unless such other person affords conclusive evidence of a better right over the thing which would entitle him to claim it back from the possessor.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: 861, 985, 986
4. Japanese Civil Code: 200
5. Swiss Civil Code: 927
6. Miscellaneous : Italian 695, 696.

Section 100.

• A possessor who is unlawfully disturbed in his possession by another person is entitled to have the disturbance stopped and to receive compensation for injury.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: 862, 1004
4. Japanese Civil Code: 198, 199
5. Swiss Civil Code: 928
6. Miscellaneous : Italian 694, 698, 699

Section 101.

• The special rights of action which, under the two foregoing Sections, the possessor derives from the mere fact of his possession are extinguished by prescription after one year from the act of dispossession or disturbance.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: 864
4. Japanese Civil Code: 201
5. Swiss Civil Code: 929
6. Miscellaneous : Italian 694, 695

Section 102.

• [I] When possession is exercised through a representative the rights described in the foregoing Sections can be exercised by the representative as well as by the possessor.
• [II] In the case of an action entered by the representative, the latter is entitled to summon the possessor to appear in such action to be a joint-plaintiff with him, or the possessor is entitled to intervene in the action.
• [III] In any case of dispossession or disturbance, the representative shall forth with inform the possessor of the occurrence, failing which he is liable to the possessor for any injury resulting from his omission.

《References indicated by the drafters》

1. Siamese law: Cf. Obligations 508, 509.
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 103.

• Possessory rights are extinguished when the possessor voluntarily or by effect of the law gives up the thing or otherwise discontinues directly or indirectly to exercise the power or control over it.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: 856, 865, 866
4. Japanese Civil Code: -
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 104.

• [I] The possessor of a thing in genere which is not identified is the owner of it.
• [II] This does not dispense the possessor from fulfilling any personal obligation (to deliver such thing or its equivalent, or to make compensation) which may have not yet been extinguished by prescription or otherwise.

《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 105.

• The possessor of a specific or identified thing is presumed to be the owner of it.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2230
3. German Civil Code: 1006
4. Japanese Civil Code: 186 (I)
5. Swiss Civil Code: -
6. Miscellaneous : -

Section 106.

• [I] When possession is exercised through a representative, the presumption of ownership is in favour of the possessor.
• [II] It passes in favour of the representative when he becomes possessor, that is to say only when he begins to possess on his own account under a new title, or by notifying the original possessor of his intention to do so, or because his personal obligation to return the thing is extinguished by prescription.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: 2231, 2238
3. German Civil Code: -
4. Japanese Civil Code: 185
5. Swiss Civil Code: -
6. Miscellaneous : Canadian 2195; Italian 687 (II), 2118.

Section 107.

• As regards unoccupied lands belonging to the public domain of the State, mere possession without grant confers no right of ownership. The State is not bound to grant the land to the possessor but it may dispose of it at its own discretion, even when a Court has given a judgment in a case of dispossession or disturbance in favour of the possessor who has exercised the rights of action in accordance with the foregoing sections.

《References indicated by the drafters》

1. Siamese law: -
2. French Civil Code: -
3. German Civil Code: -
4. Japanese Civil Code: -
5. Swiss Civil Code: 937.
6. Miscellaneous : -

Section 108.

• [I] As regards immovables, possession can never be set up against the registered owner except by a hostile possessor who, having completed usucapion, has the right to claim registration as owner.
• [II] The same rule applies to the following movables: 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.

《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 : -