Book3 Title20 Chapter02 Part01
From Thai Codification Draft of 1924
DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM
BOOK III ON SPECIFIC CONTRACTS. (April 1924)
- Reconstructed from the Documents in Vols. 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
- For the details, please, refer to the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".
TITLE XX. Insurance.
Chapter II. Insurance against Loss.
Part I. General Provisions.
Section 993.
- ["Loss", within the meaning of this Chapter, includes any injury which may be etimated in money.]
《Genealogies》
Section 994.
- [I] If two or more contracts of insurance are made simultaneously for the same loss and the total amount of the sums insured exceeds the actual amount of the loss, the insured is entitled to receive compensation up to such amount only.
- [II] Each underwriter must pay a part of the actual loss in proportion to the sum insured by him.
- [III] Contracts of insurance are deemed to have been made simultaneously if their dates are the same.
《Genealogies》
Section 995.
- If two or more contracts of insurance are made successively, the first <
underwriter>[insurer] is first liable for the loss. If the amount paid by him is not sufficient to cover the loss, the next <underwriter>[insurer] is liable for the difference and so on, till the loss is covered.
《Genealogies》
Section 996.
- [Before the risk begins, the assured may determine the contract, but the insurer is entitled to one half of the premium.]
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Section 997.
- [I] [If, during the period of insurance, the insurable interest is substantially reduced, the assured is entitled to a reduction of the sum insured and of the premium.]
- [II] [The reduction of the premium shall take effect only for the future.]
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Section 998.
- [The insurer cannot claim a reduction of the amount of the compensation to be paid by him, unless he proves that the insurable interest as agreed by the parties was substantially too high.]
《Genealogies》
Section 999.
- <
If a person who has insured his own property transfers the ownership of such property to another person, the contract of insurance is extinguished.> - <
The foregoing provision does not apply and the contract of insurance is transferred with the property in the following cases :> <1) When the property is transferred by way of inheritance.><2) When the underwriter, having received notice of the transfer, agrees to it.>- [I] [If the assured transfers the subject of insurance for which a premium has been paid, the right to receive compensation is transferred with it.]
- [II] [If, by such transfer, the risk is substantially altered or increased, the contract of insurance becomes void.]
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Section 1000.
- [I] [If the insurer has been adjudged bankrupt, the assured may require proper security to be given him failing which he may terminate the contract.]
- [II] [If the assured is adjudged bankrupt, the same rules shall apply correspondingly; however when a premium has been already paid, under which insurance is running for a certain period of time, the insurer cannot determine the contract before such period expires.]
《Genealogies》
Section 1001.
- <
The underwriter is bound to pay compensation for the actual amount of the loss.> - <
The actual amount of the loss shall be valued at the place where, and at the time when, the loss occurred. The sum insured is presumed to be a correct basis for such valuation.> - <
The compensation cannot exceed the sum insured.> - <
The actual amount of the loss includes: 1) The damage caused to the insured property by reasonable measures used for preventing the loss.2) All reasonable expenses incurred for preserving the insured property from the loss.>- [I] [The insurer is bound to pay compensation for:
- (1) The actual amount of the loss;
- (2) The damage caused to the insured property by reasonable measures taken for preventing the loss;
- (3) All reasonable expenses incurred for preserving the insured property from the loss.]
- [II] [The actual amount of the loss shall be valued at the place where, and at the time when, the loss occurred. The sum insured is presumed to be a correct basis for such valuation.]
- [III] [The compensation cannot exceed the sum insured.]
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Section 1002.
- The expenses of valuation of the loss must be borne by the <
underwriter>[insurer].
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Section 1003.
- <
The underwriter is liable even if the loss is caused by the fault of the insured, unless the insured failed to comply with a particular clause of the contract.> - [The insurer is not liable if the loss or other event specified in the contract is caused by the bad faith or the gross negligence of the assured or the beneficiary.]
《Genealogies》
Section 1004.
- [ถ้าคู่สัญญามิได้ตกลงกันไว้เปนประการอื่น ท่านว่าผู้รับประกันภัยไม่ต้องรับใช้ในเมื่อความวินาศได้เกิดขึ้นโดยสภาพ ฤๅเพราะความชำรุดบกพร่องของวัสดุอันได้เอาประกันภัยไว้นั้นเอง ฤๅเพราะความเสื่อมเปลืองอันเปนธรรมดาแห่งวัสดุนั้น]
《Genealogies》
- Draft of 1919: -
- Code of January 1925: -
- Code of January 1929: -
Section 1005.
- [I] If the loss is caused by the fault of a third person, the <
underwriter>[insurer] who pays compensation is subrogated, up to the amount paid by him, to the rights of the insurer and of the insured against such third person. - [II] If the <
underwriter>[insurer] has paid part only of the <amount of the loss>[compensation], he cannot exercise the rights <mentioned in the foregoing paragraph> to the prejudice of the right<s which the insurer or the insured retain against>[of the assured or of the beneficiary to claim from] the third person for the remainder of the loss.
《Genealogies》
Section 1006.
- If the contract of insurance provides that, on the happening of the loss, the <
insurer or the insured>[assured or the beneficiary] are bound to inform the <underwriter>[insurer] within a certain period of time, no such notice is necessary if the <underwriter>[insurer] knew otherwise within that period of the happening of the loss.
《Genealogies》
Section 1007.
- [I] The liability for payment of compensation is extinguished by prescription two years after date of loss.
- [II] The liability for payment of a premium is extinguished by prescription two years after the date when the premium became due.
《Genealogies》
