Book3 Title21 Chapter04 Part01: Difference between revisions
From Thai Codification Draft of 1924
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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 XXI. Bills.
Chapter IV. Cheques.
Part I. General Provisions.
Section 1149.
- 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》
Section 1150.
- 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》
Section 1151.
- 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>[IX].
《Genealogies》
Section 1152.
- 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》
- Draft of 1919: Ob.1102
- Code of January 1925: -
- Code of January 1929: -
Section 1153.
- A cheque is payable on demand.
《Genealogies》
- Draft of 1919: Ob.1103
- Code of January 1925: -
- Code of January 1929: -
Section 1154.
- No reference to a day of maturity can be inserted in a cheque.
《Genealogies》
- Draft of 1919: Ob.1104
- Code of January 1925: -
- Code of January 1929: -
Section 1155.
- 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》
- Draft of 1919: Ob.1105
- Code of January 1925: -
- Code of January 1929: -
Section 1156.
- The holder of a cheque must present it for payment to the banker within <
two months>[one year] after the date of drawing, otherwise he loses his right of recourse against the prior parties.
《Genealogies》
Section 1157.
- 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》
Section 1158.
- 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》
Section 1159.
- [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.
- <The foregoing provisions do not apply if the banker has only signed a statement certifying the genuineness of the signature of the drawer.>
《Genealogies》
- Draft of 1919: Ob.1109(I)(II)
- Code of January 1925: 992
- Code of January 1929: 992
Section 1160.
- <
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.> - <
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.> - The foregoing provisions do not apply if the banker has only signed a statement certifying the genuineness of the signature of the drawer.
《Genealogies》
- Draft of 1919: Ob.1109(III)
- Code of January 1925: 993
- Code of January 1929: 993