Book1 Division07 Title01 Chapter02 Part01

From Thai Codification Draft of 1919
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DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

BOOK ON OBLIGATIONS.

DIVISION VII. SPECIFIC CONTRACTS.

TITLE I. Sale.

Chapter II. Duties and Liabilities of the Seller.
Part I. Delivery.
Section 399.
  • The seller is bound to deliver to the buyer the property sold.

《Genealogies》

  1. Draft of April 1924: 464
  2. Code of January 1925: 461
Section 400.
  • Delivery may be made by doing anything which has the effect of putting the property at the disposal of the buyer.

《Genealogies》

  1. Draft of April 1924: 465
  2. Code of January 1925: 462
Section 401.
  • If the contract provides that the property sold shall be forwarded from one place to another, delivery takes place at the moment when the property is delivered to the carrier.

《Genealogies》

  1. Draft of April 1924: 466
  2. Code of January 1925: 463
Section 402.
  • The property sold must be delivered in such condition as it was at the time of the sale.

《Genealogies》

  1. Draft of April 1924: 467
  2. Code of January 1925: 464
Section 403.
  • When there is no time clause for payment of the price, the seller is entitled to retain the property sold until the price is paid.

《Genealogies》

  1. Draft of April 1924: 468
  2. Code of January 1925: 468
Section 404.
  • Even when there is a time clause for the payment, the seller is entitled to retain the property if the buyer either becomes bankrupt before delivery, or was bankrupt at the time of the sale without the seller knowing thereof, or impairs or reduces the securities given for payment.

《Genealogies》

  1. Draft of April 1924: 469
  2. Code of January 1925: 469
Section 405.
  • When the property is retained, the buyer may at any time apply to the Court for an order to deliver the property, on the buyer giving security for the payment of the price.

《Genealogies》

  1. Draft of April 1924: 470
  2. Code of January 1925: 469
Section 406.
  • [I] When the buyer is in default, the seller who retains the property under the foregoing sections can, instead of using the ordinary remedies for non-performance, notify the buyer by registered letter to pay the price and accessories, if any, within a reasonable time to be fixed in the notice.
  • [II] If the buyer fails to comply with the notice, the seller can sell the property by public auction.

《Genealogies》

  1. Draft of April 1924: 471
  2. Code of January 1925: 470
Section 407.
  • The seller must forth with deduct from the nett proceeds of the public auction the price and accessories due to himself and deliver the surplus, if any, to the buyer.

《Genealogies》

  1. Draft of April 1924: 472
  2. Code of January 1925: 471