Book1 Division07 Title22 Chapter02 Part04
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 XXII. Partnerships and Companies.
Chapter II. Ordinary Partnerships.
Part IV. Dissolution and liquidation of ordinary partnerships.
Section 1172.
- [I] An ordinary partnership is dissolved:
- (1) In the cases, if any, provided by the contract of partnership.
- (2) If made for a definite period of time, by the expiration of such period.
- (3) If made for a single undertaking, by the termination of such undertaking
- (4) If made for an indefinite period of time, by any of the partners giving to the other partners one month notice of his intention to withdraw from the partnership.
- (5) By any of the partners dying or becoming bankrupt or incapacitated.
- [II] An ordinary partnership may also be dissolved by the Court on application by a partner in any of the following cases:
- (1) When a partner, other than the partner suing. willfully or by gross negligence violates any essential obligation imposed upon him by the partnership contract.
- (2) When the business of the partnership can only be carried on at a loss and there is no prospect of its fortunes being retrieved.
- (3) When there is any other cause making the continuance of the partnership an impossibility.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1055
Section 1173.
- If at the expiration of the period agreed upon, the business of the partnership is continued by the partners or by such of them as habitually managed it during the said period, without any settlement or liquidation of accounts, the partners are deemed to have agreed to continue the partnership for an indefinite period of time.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1059
Section 1174.
- In any case under Section 1172, sub-section 4 or 5, if the subsisting partners buy the share of the partner whose membership has ceased, the contract of partnership continues between the subsisting partners.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1060
Section 1175.
- When a partnership is dissolved, the partners must liquidate its business.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1061
Section 1176.
- [I] The liquidation must be made in the following order:
- (1) Performance of the obligations incurred towards third persons,
- (2) Reimbursement of advances made and expenses incurred by the partners in managing the business of the partnership.
- (3) Return of the contributions made by each partner.
- [II] The balance, if any, must be distributed as profit between the partners.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1062
Section 1177.
- If, after the performance of the obligations incurred towards third persons and reimbursement of advances and expenses, the assets are insufficient to return the whole of the contributions to the partners, the deficiency constitutes a loss and must be divided as such.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: 1063
