Book3 Division04 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 THINGS.
DIVISION IV. Servitudes.
TITLE III. Real Servitudes Created by Contract or Will.
Section 146.
- Servitudes created by contract or will, or any alterations of them, are void unless made in writing and registered in the Land Register.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: 731
- Miscellaneous : -
Section 147.
- When two servitudes created by contract or will conflict with each other, the one registered before overrules the other.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: 1024
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
Section 148.
- If the necessities of the dominant property alter, an increased encumbrance cannot be imposed upon the servient property.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: 739
- Miscellaneous : -
Section 149.
- A servitude created by contract or will is extinguished:
- (1) by the extinction of the contract;
- (2) when the exercise of the servitude has be come impossible owing to force majeure;
- (3) when the owner of the servient property gives conclusive evidence that the servitude has become practically useless;
- (4) by the non-usage of the servitude for ten years.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: 703, 705, 706
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: 734, 735, 736
- Miscellaneous : Maroc. 153.
Section 150.
- The extinction of a servitude created by contract or will cannot be set up against third persons unless mention of the extinction has been entered in the Land Register.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: 731, 734
- Miscellaneous : -
Section 151.
- Servitudes in the nature of right of way or of right of water may be acquired by way of usucapion: that is to say when a servitude has been actually exercised during ten years openly and without interruption, the owner or lawful occupant of the dominant property is entitled to have the servitude registered for the benefit of his property.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: 690, 691
- German Civil Code: 937
- Japanese Civil Code: 283, 289, 291, 293
- Swiss Civil Code: -
- Miscellaneous : -
Section 152.
- A servitude acquired by usucapion is valid as between the owners of the dominant and servient properties even without registration. But it will not be valid on any transfer unless it be registered before the transfer.
《References indicated by the drafters》
- Siamese law: -
- French Civil Code: -
- German Civil Code: -
- Japanese Civil Code: -
- Swiss Civil Code: -
- Miscellaneous : -
