Book3 Title03: 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 III. Gift.
Section 530.
- A <
contract of> gift is a contract whereby a person, called the donor, agrees to transfer gratuitously a property of his own to another person, called the donee, and the donee agrees to accept such property.
《Genealogies》
Section 531.
- A gift may be made by granting to the donee a release of an obligation or by performing an obligation due by the donee.
《Genealogies》
Section 532.
- A renunciation by an heir to an inheritance or to a share in an inheritance is not a gift made to the other heirs.
《Genealogies》
- Draft of 1919: Ob.467
- Code of January 1925: -
- Code of January 1929: -
Section 533.
- A gift of property the sale of which is subject to the execution of an official document is void unless made in writing before the proper official.
《Genealogies》
Section 534.
- If a gift has been made in writing before the proper official and the donor does not deliver to the donee the property given, the donee is entitled to claim the delivery of it or its value, but he is not entitled to any additional compensation.
《Genealogies》
Section 535.
- A gift of property the sale of which is not subject to the execution of an official document is complete only on delivery of the property given.
《Genealogies》
Section 536.
- [I] If it is agreed that the delivery of the property given shall be made by instalments, the donor can at any time determine the gift as to any future instalment.
- [II] Such gift is also extinguished as to any further instalment on the death of the donor.
《Genealogies》
Section 537.
- The donor is not liable for injury caused to the donee by defects existing in the property given, unless at the time of the contract he knew and concealed from the donee that such property was likely to cause injury.
《Genealogies》
- Draft of 1919: Ob.472
- Code of January 1925: -
- Code of January 1929: -
Section 538.
- The donor is not liable for injury caused to the donee by eviction as described in Section 417 concerning sale, unless, at the time of the contract, he knew and concealed from the donee the reason for such eviction.
《Genealogies》
- Draft of 1919: Ob.473
- Code of January 1925: -
- Code of January 1929: -
Section 539.
- Whenever the donor is liable for injury caused to the donee by defects existing in the property given or by eviction, the provisions of Sections <
410>[475], <414>[479], <415>[480], <416>[481] and <419>[484] concerning sale apply mutatis mutandis.
《Genealogies》
- Draft of 1919: Ob.474
- Code of January 1925: -
- Code of January 1929: -
Section 540.
- If the gift is made on condition that the donee shall make a prestation to the donor or to a third person the gift is said to be subject to a charge.
《Genealogies》
Section 541.
- If the donee fails to perform the charge the donor is entitled to claim cancellation of the gift.
《Genealogies》
Section 542.
- If the charge is to be performed to a third person, <
and the donee fails to perform it,> the third person is entitled to claim performance.
《Genealogies》
- Draft of 1919: Ob.477
- Code of January 1925: -
- Code of January 1929: -
Section 543.
- If the charge is for the benefit of the public, the Government is entitled to claim its performance.
《Genealogies》
- Draft of 1919: Ob.478
- Code of January 1925: -
- Code of January 1929: -
Section 544.
- If the property given is not sufficient to perform the charge, the donee is bound to perform it only as far as the value of the property allows.
《Genealogies》
Section 545.
- If the gift is subject to a charge, the liability of the donor for defects or eviction is the same as that of a seller, up to the amount of the charge only.
《Genealogies》
Section 546.
- If the donee is convicted by a final judgment of having intentionally and unlawfully caused the death of the donor, the heirs of the donor are entitled to claim cancellation of the gift by the Court.
《Genealogies》
Section 547.
- The right of the heirs to claim cancellation is extinguished by prescription six months after final judgment.
《Genealogies》
- Draft of 1919: Ob.482
- Code of January 1925: -
- Code of January 1929: -
Section 548.
- If the donee intentionally and unlawfully attempts to cause the death of the donor, the donor is entitled to claim cancellation of the gift by the Court.
《Genealogies》
- Draft of 1919: Ob.483
- Code of January 1925: -
- Code of January 1929: -
Section 549.
- The heirs of the donor can exercise the action described in Section 483 unless the donor has forgiven the offence.
《Genealogies》
- Draft of 1919: Ob.484
- Code of January 1925: -
- Code of January 1929: -
Section 550.
- [I] The right of the heirs to claim cancellation is extinguished by prescription six months after the date of the death of the donor.
- [II] No action can be entered later than ten years after the attempt.
《Genealogies》
Section 551.
- A gift to take effect at the death of the donor is governed by the provisions of law concerning inheritance and wills.
《Genealogies》
