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DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM

BOOK III ON SPECIFIC CONTRACTS. (April 1924)

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》

  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