Book1 Division07 Title03
From Thai Codification Draft of 1919
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 VII. SPECIFIC CONTRACTS.
TITLE III. Gift.
Section 465.
- A contract of gift is a contract whereby a person, called the donor, agrees to transfer gratuitously a property of his own to another person, called the donee, and the donee agrees to accept such property.
《Genealogies》
Section 466.
- A gift may be made by granting to the donee a release of an obligation or by performing an obligation due by the donee.
《Genealogies》
Section 467.
- A renunciation by an heir to an inheritance or to a share in an inheritance is not a gift made to the other heirs.
《Genealogies》
- Draft of April 1924: 532
- Code of January 1925: -
Section 468.
- A gift of property the sale of which is subject to the execution of an official document is void unless made in writing before the proper official.
《Genealogies》
Section 469.
- If a gift has been made in writing before the proper official and the donor does not deliver to the donee the property given, the donee is entitled to claim the delivery of it or its value, but he is not entitled to any additional compensation.
《Genealogies》
Section 470.
- A gift of property the sale of which is not subject to the execution of an official document is complete only on delivery of the property given.
《Genealogies》
Section 471.
- [I] If it is agreed that the delivery of the property given shall be made by instalments, the donor can at any time determine the gift as to any future instalment.
- [II] Such gift is also extinguished as to any further instalment on the death of the donor.
《Genealogies》
Section 472.
- The donor is not liable for injury caused to the donee by defects existing in the property given, unless at the time of the contract he knew and concealed from the donee that such property was likely to cause injury.
《Genealogies》
- Draft of April 1924: 537
- Code of January 1925: -
Section 473.
- The donor is not liable for injury caused to the donee by eviction as described in Section 417 concerning sale, unless, at the time of the contract, he knew and concealed from the donee the reason for such eviction.
《Genealogies》
- Draft of April 1924: 538
- Code of January 1925: -
Section 474.
- Whenever the donor is liable for injury caused to the donee by defects existing in the property given or by eviction, the provisions of Sections 410, 414, 415 416 and 419 concerning sale apply mutatis mutandis.
《Genealogies》
- Draft of April 1924: 539
- Code of January 1925: -
Section 475.
- If the gift is made on condition that the donee shall make a prestation to the donor or to a third person the gift is said to be subject to a charge.
《Genealogies》
Section 476.
- If the donee fails to perform the charge the donor is entitled to claim cancellation of the gift.
《Genealogies》
Section 477.
- If the charge is to be performed to a third person, and the donee fails to perform it, the third person is entitled to claim performance.
《Genealogies》
- Draft of April 1924: 542
- Code of January 1925: -
Section 478.
- If the charge is for the benefit of the public, the Government is entitled to claim its performance.
《Genealogies》
- Draft of April 1924: 543
- Code of January 1925: -
Section 479.
- If the property given is not sufficient to perform the charge, the donee is bound to perform it only as far as the value of the property allows.
《Genealogies》
Section 480.
- If the gift is subject to a charge, the liability of the donor for defects or eviction is the same as that of a seller, up to the amount of the charge only.
《Genealogies》
Section 481.
- If the donee is convicted by a final judgment of having intentionally and unlawfully caused the death of the donor, the heirs of the donor are entitled to claim cancellation of the gift by the Court.
《Genealogies》
Section 482.
- The right of the heirs to claim cancellation is extinguished by prescription six months after final judgment.
《Genealogies》
- Draft of April 1924: 547
- Code of January 1925: -
Section 483.
- If the donee intentionally and unlawfully attempts to cause the death of the donor, the donor is entitled to claim cancellation of the gift by the Court.
《Genealogies》
- Draft of April 1924: 548
- Code of January 1925: -
Section 484.
- The heirs of the donor can exercise the action described in Section 483 unless the donor has forgiven the offence.
《Genealogies》
- Draft of April 1924: 549
- Code of January 1925: -
Section 485.
- [I] The right of the heirs to claim cancellation is extinguished by prescription six months after the date of the death of the donor.
- [II] No action can be entered later than ten years after the attempt.
《Genealogies》
Section 486.
- A gift to take effect at the death of the donor is governed by the provisions of law concerning inheritance and wills.
《Genealogies》
