Book1 Division07 Title21 Chapter04 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 XXI. Bills.

Chapter IV. Cheques.
Part I. General provisions.
Section 1099.
  • A cheque is a written instrument by which a person, called the drawer, orders a banker to pay a sum of money to or to the order of another person called the payee.

《Genealogies》

  1. Draft of April 1924: 1149
  2. Code of January 1925: 987
Section 1100.
  • A cheque must be dated, signed by the drawer, and must contain the following particulars :
  • (1) A sum certain in money;
  • (2) The name or trade name and address of the banker;
  • (3) The name or trade name of the payee;
  • (4) An unconditional order to pay.

《Genealogies》

  1. Draft of April 1924: 1150
  2. Code of January 1925: 988
Section 1101.
  • The provisions of Chapter II concerning bills of exchange apply to cheques, mutatis mutandis, in so far as they are not contrary to the provisions of this Chapter IV.

《Genealogies》

  1. Draft of April 1924: 1151
  2. Code of January 1925: 989
Section 1102.
  • A cheque can be drawn payable to bearer, or payable to the drawer.
  • If no payee is named in the cheque, it is payable to bearer.

《Genealogies》

  1. Draft of April 1924: 1152
  2. Code of January 1925: -
Section 1103.
  • A cheque is payable on demand.

《Genealogies》

  1. Draft of April 1924: 1153
  2. Code of January 1925: -
Section 1104.
  • No reference to a day of maturity can be inserted in a cheque.

《Genealogies》

  1. Draft of April 1924: 1154
  2. Code of January 1925: -
Section 1105.
  • A cheque which contains a reference to a day of maturity, such as "on demand" or "on such day," etc., is a bill of exchange.

《Genealogies》

  1. Draft of April 1924: 1155
  2. Code of January 1925: -
Section 1106.
  • The holder of a cheque must present it for payment to the banker within two months after the date of drawing, otherwise he loses his right of recourse against the prior parties.

《Genealogies》

  1. Draft of April 1924: 1156
  2. Code of January 1925: 990
Section 1107.
  • A banker is bound to pay a cheque drawn on him by his customer unless:
  • (1) There be not enough money to the credit of the account of the customer to meet the cheque, or
  • (2) The cheque be presented for payment more than one year after its date of drawing.

《Genealogies》

  1. Draft of April 1924: 1157
  2. Code of January 1925: 991
Section 1108.
  • A banker is bound to refuse payment of a cheque drawn on him if:
  • (1) The drawer has countermanded payment, or
  • (2) The banker has received notice of the death of the drawer, or
  • (3) The cheque has been lost, or obtained through an offence and notice thereof has been given to the banker.

《Genealogies》

  1. Draft of April 1924: 1158
  2. Code of January 1925: 992
Section 1109.
  • [I]If the banker signs on the cheque a statement such as "good" or "good for payment," or words to the same effect, he becomes bound to pay the cheque in the same way as the acceptor of a bill of exchange.
  • [II] If the statement is "good for payment on such and such day" the banker is bound to pay only if the cheque is presented on that day.
  • [III] The foregoing provisions do not apply if the banker has only signed a statement certifying the genuineness of the signature of the drawer.

《Genealogies》

  1. Draft of April 1924: 1159, 1160
  2. Code of January 1925: 993
Section 1110.
  • Whoever draws a cheque except against a deposit or a credit granted to him shall be punished with fine not exceeding two thousand baht.

《Genealogies》

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