Book1 Division01 Title01 Chapter02 Part02 02

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 OBLIGATIONS.

DIVISION I. HOW OBLIGATIONS ARISE.

TITLE I. Contracts.

Section 68.

• Consent is defective if given under a mistake as to an essential element of the contract.

《Genealogies》

1. Codes of 1923: 134
2. Codes of 1925: 119 sent.1
3. Codes of 1992: 156(I)

Section 69.

• [I] Consent given under a mistake as to an essential element of the contract is not defective if the party whose consent was so given could have avoided the mistake by exercising such care as may be expected from a person of ordinary prudence.
• [II] A mere clerical error shall be corrected.

《Genealogies》

1. Codes of 1923: 135
2. Codes of 1925: 119 sent.2
3. Codes of 1992: 158

Section 70.

• Consent of one of the parties is defective if obtained by a fraud committed by the other party, provided that the fraud be such that without it the first party would not have given his consent.

《Genealogies》

1. Codes of 1923: 136
2. Codes of 1925: 122
3. Codes of 1992: 159(II)

Section 71.

• Section 70 applies if the consent of one of the parties is obtained by a fraud committed by a person not a party to the contract, provided that the other party to the contract knew of the fraud at the time when the contract was made, or would have known of it if he had exercised such care as may be expected from a person of ordinary prudence.

《Genealogies》

1. Codes of 1923: 137
2. Codes of 1925: 121(II)
3. Codes of 1992: 159(III)

Section 72.

• Consent of one of the parties is defective if obtained by the duress of the other party or of any other person.

《Genealogies》

1. Codes of 1923: 138
2. Codes of 1925: 128
3. Codes of 1992: 166

Section 73.

• When a party was induced to give his consent by such violence or threat as would lead him reasonably to believe that his life, body, liberty, reputation or property or the life, body, liberty, reputation or property of any other person was endangered, his consent is said to have been obtained by duress.

《Genealogies》

1. Codes of 1923: 139
2. Codes of 1925: 126
3. Codes of 1992: 164(II)

Section 74.

• Legal action does not constitute duress.

《Genealogies》

1. Codes of 1923: 140
2. Codes of 1925: 127
3. Codes of 1992: 165

Section 75.

• In deciding whether a case of mistake, fraud or duress exists, the Court shall have due regard to the age, sex and position of the parties, and other circumstances of the case.

《Genealogies》

1. Codes of 1923: 141
2. Codes of 1925: 129
3. Codes of 1992: 167

Section 76.

• The party whose consent to a contract was vitiated by mistake, fraud or duress can claim cancellation of such contract by the Court within one year from the day when the mistake or fraud became known to him, or when the duress ceased.

《Genealogies》

1. Codes of 1923: 142
2. Codes of 1925: 143
3. Codes of 1992: 181

Section 77.

• [I] The heirs of the party whose consent to a contract was vitiated by mistake, fraud or duress can claim cancellation of such contract by the Court within one year after death of such party.
• [II] If such party died after the mistake or fraud became known to him or after the duress ceased, his heirs cannot claim cancellation of the contract later than one year after such knowledge or after such cessation.

《Genealogies》

1. Codes of 1923: 143
2. Codes of 1925: -
3. Codes of 1992:

Section 78.

• In no case can an action for cancellation of a contract on the ground of mistake, fraud or duress be entered later than ten years after the date of the contract.

《Genealogies》

1. Codes of 1923: 144
2. Codes of 1925: 143
3. Codes of 1992: 181

Section 79.

• The party whose consent was vitiated by mistake, fraud or duress can ratify the contract after he knew of such mistake [or fraud] after the duress ceased.

《Genealogies》

1. Codes of 1923: 145
2. Codes of 1925: 141
3. Codes of 1992: 179