Book1 Division01 Title01 Chapter02 Part02 01

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

• The today existing (probably) only copy of its publication is in possession of the main library of Bangkok University. The 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 52.

• If an offer to make a contract is made, the contract is complete only when acceptance reaches the offerer.

《Genealogies》

1. Codes of 1923: 118
2. Codes of 1925: 361(I)
3. Codes of 1992:

Section 53.

• Acceptance has no retrospective effect, that is to say it does not relate back to the time when the offer was made.

《Genealogies》

1. Codes of 1923: 119
2. Codes of 1925: -
3. Codes of 1992:

Section 54.

• If it is agreed that acceptance shall have a retrospective effect, such effect cannot affect the rights acquired by third persons acting in good faith.

《Genealogies》

1. Codes of 1923: 120
2. Codes of 1925: -
3. Codes of 1992:

Section 55.

• [I] An offer made inter praesentes is binding only if accepted at once.
• [II] An offer made by telephone is deemed to be made inter praesentes.

《Genealogies》

1. Codes of 1923: 121
2. Codes of 1925: 356
3. Codes of 1992:

Section 56.

• [I] An offer made inter absentes in which no time for acceptance is specified is binding only if acceptance reaches the offerer within a reasonable time.
• [II] A reasonable time is the time in which acceptance may be reasonably expected to arrive, due regard being paid to distance and means of communication, and to the nature and object of the proposed contract.
• [III] The offer cannot be withdrawn during such period.

《Genealogies》

1. Codes of 1923: 122
2. Codes of 1925: 355
3. Codes of 1992:

Section 57.

• An offer in which a time for acceptance is specified cannot be withdrawn, but it is binding only if acceptance reaches the offerer within such time.

《Genealogies》

1. Codes of 1923: 123
2. Codes of 1925: 354
3. Codes of 1992:

Section 58.

• [I] If the acceptance arrives after the time specified, but it is apparent that it was sent so that in the ordinary course of things it ought to have arrived within the time specified, the offerer must forth with give notice to the offeree of such late arrival unless he has already informed the offeree that no acceptance has arrived within the time specified.
• [II] If the offerer fails to give such notice, the acceptance is deemed to have reached him in due time.

《Genealogies》

1. Codes of 1923: 124
2. Codes of 1925: 358
3. Codes of 1992:

Section 59.

• Silence on the part of the offeree is not an acceptance, unless it be considered so by custom or by the practice of the parties.

《Genealogies》

1. Codes of 1923: 125
2. Codes of 1925: -
3. Codes of 1992:

Section 60.

• Part performance by the offeree of the proposed contract is presumed to be an acceptance. The contract is complete when the part performance begins.

《Genealogies》

1. Codes of 1923: 126
2. Codes of 1925: -
3. Codes of 1992:

Section 61.

• An acceptance which reaches the offerer too late is deemed to be an offer made by the offeree to the offerer.

《Genealogies》

1. Codes of 1923: 127
2. Codes of 1925: 359(I)
3. Codes of 1992:

Section 62.

• [I] An acceptance must be unqualified, that is to say the offer must be accepted without modification.
• [II] An acceptance by which the terms of the offer are modified is deemed to be a refusal coupled with a new offer.

《Genealogies》

1. Codes of 1923: 128
2. Codes of 1925: 359(II)
3. Codes of 1992:

Section 63.

• An offer is not binding if the offerer dies or becomes incapacitated before the acceptance reaches him.

《Genealogies》

1. Codes of 1923: 129
2. Codes of 1925: 130(II)
3. Codes of 1992: 169(II)

Section 64.

• An offer is not binding if notice of its withdrawal reaches the offeree before or at the same time as the offer.

《Genealogies》

1. Codes of 1923: 130
2. Codes of 1925: 130(I)
3. Codes of 1992: 169(I)

Section 65.

• A person who advertises that he will give a reward to whosoever shall do a certain act is bound to give such reward to any person who does the act.

《Genealogies》

1. Codes of 1923: 131
2. Codes of 1925: 362
3. Codes of 1992:

Section 66.

• The advertiser can, at any time before the act has been done, withdraw his offer by the same means which he used for making it, except if he has declared in the advertisement that he would not withdraw it, or if he has fixed a period of time within which the act must be done.

《Genealogies》

1. Codes of 1923: 132
2. Codes of 1925: 363(I)
3. Codes of 1992:

Section 67.

• [I] If it is impossible to find out from the wording of the advertisement or from the circumstances of the case how the reward shall be paid, the following rules shall apply.
• [II] If several persons do the act specified in the advertisement, the person who does it first is entitled to receive the reward.
• [III] If several persons do the act at the same time, each of them is entitled to receive an equal share in the reward. But if the reward cannot by its nature be divided, or if according to the advertisement one person only is to receive it, the person to receive it must be designated by lot.

《Genealogies》

1. Codes of 1923: 133
2. Codes of 1925: 364(I)(II)
3. Codes of 1992: