Book1 Division07 Title14 Chapter01

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 VII. SPECIFIC CONTRACTS.

TITLE XIV. Agency.

Section 844.

• A contract of agency is a contract whereby a person, called the principal, directs another person, called the agent, to act for him and the agent agrees to do so.

《Genealogies》

1. Draft of April 1924: 903
2. Code of January 1925: 797(I)

Section 845.

• Agency may be express or implied.

《Genealogies》

1. Draft of April 1924: 904
2. Code of January 1925: 797(II)

Section 846.

• An employee is presumed to have an implied authority to do for his employer whatever is customary in the course of his employment.

《Genealogies》

1. Draft of April 1924: 905
2. Code of January 1925: -

Section 847.

• The compradore of a Bank is presumed to have no authority to bind his employer.

《Genealogies》

1. Draft of April 1924: 906
2. Code of January 1925: -

Section 848.

• Unless refused at once, an offer of agency is deemed to be accepted by the agent if it refers to acts to be done in the ordinary course of his business or which the agent offered to do by a notice or advertisement addressed to the public.

《Genealogies》

1. Draft of April 1924: 907
2. Code of January 1925: -

Section 849.

• Acts done by an agent on behalf of an incapacitated principal are valid only in so far as they would be valid if done by the incapacitated person himself.

《Genealogies》

1. Draft of April 1924: 908
2. Code of January 1925: -

Section 850.

• Agency is void in so far as the principal directs the agent to do acts which by nature or by law cannot be done through representatives.

《Genealogies》

1. Draft of April 1924: 909
2. Code of January 1925: -

Section 851.

• [I] The principal who employs an incapacitated person as an agent is bound by the acts of that agent in the same way as if he was capable.
• [II] But the liability of the agent to the principal is governed by the provisions concerning capacity.

《Genealogies》

1. Draft of April 1924: 910
2. Code of January 1925: 799

Section 852.

• If the principal appoints an agent without limiting or specifying the nature or extent of his authority, the agent is said to have a general authority.

《Genealogies》

1. Draft of April 1924: 911
2. Code of January 1925: -

Section 853.

• If the nature or extent of his authority is limited or specified, the agent is said to have a special authority.

《Genealogies》

1. Draft of April 1924: 912
2. Code of January 1925: -

Section 854.

• The agent who has a special authority can do on behalf of his principal whatever is necessary for the due execution of the matters entrusted to him.

《Genealogies》

1. Draft of April 1924: 913
2. Code of January 1925: 800

Section 855.

• The agent who has a general authority can do anything on behalf of his principal, except:
• (1) Sell immovable property.
• (2) Make a gift.
• (3) Make a compromise.
• (4) Enter an action in Court.
• (5) Submit a dispute to arbitration.

《Genealogies》

1. Draft of April 1924: 914
2. Code of January 1925: 801

Section 856.

• In case of emergency, the agent can do in order to protect his principal from loss all such acts as would be done by a person of ordinary prudence in his own case.

《Genealogies》

1. Draft of April 1924: 915
2. Code of January 1925: 802

Section 857.

• The agent is only entitled to receive a remuneration in the cases provided by agreement or by custom.

《Genealogies》

1. Draft of April 1924: 916
2. Code of January 1925: 803

Section 858.

• If several agents have been appointed by the same principal for the same matters, it is presumed that they cannot act separately.

《Genealogies》

1. Draft of April 1924: 917
2. Code of January 1925: 804