Book3 Title01 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 I. Sale.
Chapter IV. Of some particular kinds of Sales.
Part I. Sale with Right of Redemption.
Section 494.
- Sale with right of redemption is a contract of sale whereby the ownership of the property sold passes to the buyer subject to a special agreement that the seller can redeem that property.
《Genealogies》
Section 495.
- If the property is not redeemed within the period fixed by the contract or by law, its ownership is deemed to have been vested in the buyer from the time of sale.
《Genealogies》
Section 496.
- The parties may agree that the buyer shall not dispose of the property sold. If he disposes of it contrary to his obligation, he shall be liable to the seller for any injury resulting thereby.
《Genealogies》
Section 497.
- [I] If a sale with right of redemption refers to immovable property it is void unless made in writing in the presence of and registered by the proper official.
- [II] The same rule applies to ships or vessels having displacement of and over six tons, steam-launches or motor-boats having displacement of and over five tons, floating-houses and beasts of burden.
《Genealogies》
- Draft of 1919: Ob.432
- Code of January 1925: -
- Code of January 1929: -
Section 498.
- The right of redemption cannot be exercised later than:
- (1) Ten years after the time of the sale in case of immovable property <
or of movable structures sold with the land on which they are erected>. - (2) One year after the time of the sale in case of movable property.
《Genealogies》
Section 499.
- If a longer period is provided in the contract, it shall be reduced to ten years and one year respectively.
《Genealogies》
Section 500.
- If a shorter period than ten years or one year is provided in the contract, the time cannot be afterward extended.
《Genealogies》
Section 501.
- The right of redemption may be exercised only by:
- (1) The original seller or his heirs, or
- (2) The transferee of the right, or
- (3) Any person expressly allowed to redeem by the contract.
《Genealogies》
Section 502.
- The right of redemption may be exercised only against:
- (1) The original buyer or his heirs, or
- (2) The transferee of the property or of a right on the property, provided that, in case of movable property, he knew at the time of transfer that such property was subject to a right of redemption.
《Genealogies》
Section 503.
- If no price of redemption is fixed, the property may be redeemed by reimbursing the price of the sale.
《Genealogies》
Section 504.
- [I] Costs of the sale borne by the buyer must be reimbursed together with the price.
- [II] Costs of redemption <
must be>[are] borne by the person who redeems.
《Genealogies》
Section 505.
- The property must be returned in the condition in which it is at the time of redemption.
《Genealogies》
Section 506.
- The person who redeems the property recovers it free from any rights created by the original buyer or his heirs or transferees before redemption, provided that any lease made by them in writing shall remain valid for not more than one year after the redemption.
《Genealogies》
