Book3 Title01 Chapter02 Part02

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 I. Sale.

Chapter II. Duties and liabilities of the seller.

Section 473.

• [I] In case of [any] defect <existing> in the property sold <and impairing>[which impairs] either its value or its fitness for ordinary purposes or for the purposes <appearing from>[of] the contract, the buyer has the remedies described in this Code concerning non-performance.
• [II] The foregoing provision applies whether the seller knew or did not know of the existence of the defect.

《Genealogies》

1. Draft of 1919: Ob.408
2. Code of January 1925: 472
3. Code of January 1929: 472

Section 474.

• The seller is not liable in the following cases:
• (1) <Whenever>[If] the buyer knew of the defect at the time of the sale, or would have known of it if he had exercised such care as <may>[might] be expected from a person of ordinary prudence.
• (2) If the defect was apparent at the time of the delivery, and the buyer accepted the property without reservation.
• (3) If the property was sold by public auction.

《Genealogies》

1. Draft of 1919: Ob.409
2. Code of January 1925: 473
3. Code of January 1929: 473

Section 475.

• The liability for a defect is extinguished by prescription one year after the discovery of the defect.

《Genealogies》

1. Draft of 1919: Ob.410
2. Code of January 1925: 474
3. Code of January 1929: 474

Section 476.

• When the seller is liable for defects in the property sold, the buyer is entitled to withhold such part of the price as has not yet been paid to the seller provided that the seller may at any time apply to the Court for an order either:
• (1) Restricting the exercise of this right to such part of the price as the Court may deem sufficient to cover any restitution or compensation which may become due from the seller to the buyer, or
• (2) Ordering the buyer to pay the price on the seller giving security for ultimate restitution or compensation.

《Genealogies》

1. Draft of 1919: Ob.411
2. Code of January 1925: 488
3. Code of January 1929: 488