Book1 Division07 Title21 Chapter02 Part06 02
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 XXI. Bills.
Chapter II. Bill of Exchange.
Part VI. Payment.
2. Right of recourse in case of non-payment.
Section 1055.
- If a bill of exchange is presented for payment on the day of maturity and the drawee fails to pay it, the holder has a right of recourse against all or any of the prior parties, jointly or separately, provided that he complies with the rules prescribed in sections 1057 to 1064.
《Genealogies》
Section 1056.
- If part only of a bill of exchange is paid, the holder has the right of recourse for the difference.
《Genealogies》
- Draft of April 1924: 1117
- Code of January 1925: -
Section 1057.
- The holder must, on the day following the day of maturity, send to the drawee through the Post Office a notice called protest.
《Genealogies》
Section 1058.
- The protest shall be entered by the Post Office in three copies in the form provided by Schedule B attached to this Code.
《Genealogies》
Section 1059.
- Each copy shall be signed by the clerk of the Post Office where the protest is made and shall bear the date stamp of such office. It must contain the following particulars :
- (1) The date of protest.
- (2) The date of the bill of exchange.
- (3) The name or trade name of the drawer.
- (4) The name or trade name of the drawee.
- (5) The amount of the bill of exchange.
- (6) The day of maturity of the bill of exchange.
- (7) The name or trade name and address of the holder.
- (8) The amount payable to the holder, including expenses of protest.
- (9) A statement that the drawee can, within the three days next following the day of protest, seek out the holder and pay that amount.
《Genealogies》
Section 1060.
- [I] Copy No. 1 being the protest shall be sent to the drawee under registered cover.
- [II] Copy No. 2 being the receipt for the protest shall be delivered to the holder.
- [III] Copy No. 3 being the original shall be kept by the Post Office.
《Genealogies》
- Draft of April 1924: 1121
- Code of January 1925: -
Section 1061.
- If the bill of exchange is not paid within the three days period, the bill is said to be dishonoured by non-payment and the holder must, within the four days next following, send notice of dishonour to the person or persons against whom he intends to take recourse.
《Genealogies》
Section 1062.
- If the drawee notes on the bill of exchange the fact and date of refusal of payment and signs such note, no protest is necessary and the holder must, within eight days from date of refusal, send notice of dishonour to the person or persons against whom he intends to take recourse.
《Genealogies》
Section 1063.
- The notice of dishonour must contain the day of maturity of the bill of exchange, the names or trade names of the drawer and drawee, the amount of the bill, the name or trade name and address of the holder, the date of protest or of the refusal of payment, the fact that the bill was not paid and the reason why it was not paid or the fact that no reason was given for its non-payment.
《Genealogies》
Section 1064.
- The right of recourse of the holder against the person or persons to whom notice of dishonour was sent is extinguished by prescription one year after the day of maturity.
《Genealogies》
- Draft of April 1924: 1125
- Code of January 1925: -
Section 1065.
- [I] An indorser to whom notice of dishonour has been given by a subsequent party can take recourse against all or any of the parties prior to him, jointly or separately.
- [II] In such case the indorser must send notice of dishonour to the person or persons against whom he intends to take recourse within four days from the date when he himself has received notice of dishonour.
《Genealogies》
Section 1066.
- The right of recourse of the indorser is extinguished by prescription one year after date of the notice sent by him.
《Genealogies》
- Draft of April 1924: 1127
- Code of January 1925: -
Section 1067.
- The return of the unpaid bill of exchange with the Post Office receipt for protest annexed to it is a sufficient notice of dishonour.
《Genealogies》
- Draft of April 1924: 1128
- Code of January 1925: -
Section 1068.
- When a notice of dishonour has been duly addressed and posted, the sender is deemed to have given due notice of dishonour, notwithstanding any miscarriage by the Post Office.
《Genealogies》
- Draft of April 1924: 1129
- Code of January 1925: -
Section 1069.
- If the holder or indorse fails to take the proceedings prescribed by Sections 1057 to 1067, he loses his rights under the bill of exchange against all prior parties, except those who have waived protest or notice of dishonour.
《Genealogies》
- Draft of April 1924: 1130
- Code of January 1925: -
Section 1070.
- The holder is entitled to take recourse for the following amount:
- (1) The unpaid amount of the bill together with interest thereon from the day of maturity.
- (2) The expenses of presentation for payment and of protest and of notice of dishonour.
《Genealogies》
Section 1071.
- An indorser against whom recourse has been taken is himself entitled to take recourse for the following amounts:
- (1) The sum paid by him, together with interest thereon from the date of his payment
- (2) All expenses paid by him.
《Genealogies》
Section 1072.
- [I] Reimbursement of a dishonoured bill of exchange can be obtained only on surrender of the bill and of a recourse account.
- [II] The payer can require the payee to make a receipt on the recourse account and sign it.
《Genealogies》
Section 1073.
- A drawer, acceptor or prior indorser to whom a bill of exchange has been reindorsed or re-transferred has no right of recourse against a party to whom he was previously liable under the bill.
《Genealogies》
