Book3 Division02 Title01 Chapter03
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 THINGS.
DIVISION II. Ownership.
TITLE I. Acquisition of Ownership.
Chapter III. Acquisition by way of Occupation.
Section 40.
- Any person may acquire the ownership of unoccupied lands belonging to the State by complying with the rules for "Grant of Unoccupied land" provided by the Land Laws.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: 927
- Japanese Civil Code: -
- Swiss Civil Code: 658, 662
- Miscellaneous : -
Section 41.
- [I] The ownership of fish or game is vested in the person on whose land such fish or game is living.
- [II] The ownership of fish or game which pass from the land of one person to the land of another person without any fraud of the latter devolves on him.
- [III] The ownership of fish or game caught by a person or on his behalf in compliance with law, custom or agreement, devolves on such person.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: 564
- German Civil Code: 960
- Japanese Civil Code: -
- Swiss Civil Code: 700
- Miscellaneous : -
Section 42.
- [I] The ownership of a lost thing does not devolve on the finder. He is bound to inform the owner or the loser of such thing, or to deliver it within three days to a police officer or to any other competent official.
- [II] The finder is entitled to claim reimbursement of all reasonable expenses incurred by him for the detection of the loser and for the upkeep of the thing, and to avail himself thereanent of the preferential right for preservation of property described in the Book on Obligations.
- [III] If the finder has incurred damages therefrom, he can claim compensation and retain the thing until such compensation is paid to him.
《References indicated by the drafters》
- Siamese law: Dika No. 9/123.; Civil Code, Obligations Sec.324.
- French Civil Code: Circ. 3 August 1825.
- German Civil Code: 965, 970
- Japanese Civil Code: -
- Swiss Civil Code: 700, 720
- Miscellaneous : Italian 715, 717.
Section 43.
- The ownership of a lost or stolen thing which has been found or seized by, or deposited with, a competent official of the Government devolves on the State if the owner of such thing has not claimed it by a declaration to the Public Prosecutor or the Officers of the Judicial Police within one year from the day when the thing has been lost or stolen.
《References indicated by the drafters》
- Siamese law: Raksana Rab Fong 11, 16; Laksana Chobr 76, 78. Dika No. 806/123; Law on Navigation Siam 61; State Railway tariff. Hackney Carriage Act 28; Town Police Law 27, 35.
- French Civil Code: 2279
- German Civil Code: 973
- Japanese Civil Code: 193, 194, 240
- Swiss Civil Code: 722, 934
- Miscellaneous : -
Section 44.
- Lost thing, within the meaning of the two foregoing sections, includes everything which has been dropped into the sea, or has been washed ashore, or has by the strength of wind or of water, or otherwise by "force majeure" been withdrawn from the possession of its owner.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: 717
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: 725
- Miscellaneous : -
Section 45.
- [I] A treasure trove is a dug in, or otherwise hidden, valuable which is found without anybody being able to justify the ownership thereof.
- [II] The ownership of a treasure trove is vested in the State. The finder is bound to deliver it to a police officer or to any other competent official whereupon he shall receive one third of its value.
《References indicated by the drafters》
