Book3 Title21 Chapter04 Part01

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.

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》

1. Draft of 1919: Ob.1099
2. Code of January 1925: 987
3. Code of January 1929: 987

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》

1. Draft of 1919: Ob.1100
2. Code of January 1925: 988
3. Code of January 1929: 988

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》

1. Draft of 1919: Ob.1101
2. Code of January 1925: 989
3. Code of January 1929: 989

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》

1. Draft of 1919: Ob.1102
2. Code of January 1925: -
3. Code of January 1929: -

Section 1153.

• A cheque is payable on demand.

《Genealogies》

1. Draft of 1919: Ob.1103
2. Code of January 1925: -
3. Code of January 1929: -

Section 1154.

• No reference to a day of maturity can be inserted in a cheque.

《Genealogies》

1. Draft of 1919: Ob.1104
2. Code of January 1925: -
3. 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》

1. Draft of 1919: Ob.1105
2. Code of January 1925: -
3. 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》

1. Draft of 1919: Ob.1106
2. Code of January 1925: 990
3. Code of January 1929: 990

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》

1. Draft of 1919: Ob.1107
2. Code of January 1925: 991
3. Code of January 1929: 991

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》

1. Draft of 1919: Ob.1108
2. Code of January 1925: 992
3. Code of January 1929: 992

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》

1. Draft of 1919: Ob.1109(I)(II)
2. Code of January 1925: 992
3. 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》

1. Draft of 1919: Ob.1109(III)
2. Code of January 1925: 993
3. Code of January 1929: 993