Book3 Title01 Chapter04 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 IV. Of some particular kinds of Sales.

Section 507.

• [I] In a sale by sample, the seller is bound to deliver property or properties corresponding to the sample.
• [II] If the sample is lost or damaged, the burden of proof that the property delivered does not correspond to the sample lies on the buyer.

《Genealogies》

1. Draft of 1919: Ob.442
2. Code of January 1925: 503
3. Code of January 1929: 503

Section 508.

• The liability on account of non-correspondence to the sample is extinguished by prescription one year after delivery.

《Genealogies》

1. Draft of 1919: Ob.443
2. Code of January 1925: 504
3. Code of January 1929: 504

Section 509.

• A sale on approval is a sale made on condition that the buyer shall have the opportunity to examine the property before acceptance.

《Genealogies》

1. Draft of 1919: Ob.444
2. Code of January 1925: 505
3. Code of January 1929: 505

Section 510.

• If no time is fixed for the examination of the property, the seller can fix a reasonable time and notify
• the buyer to answer within that time whether he accepts the property or not.

《Genealogies》

1. Draft of 1919: Ob.445
2. Code of January 1925: 506
3. Code of January 1929: 506

Section 511.

• If the property is to be examined by the buyer before delivery and the buyer does not accept it within the time fixed by the contract or by <the>[a] notification [from the seller], the contract is extinguished.

《Genealogies》

1. Draft of 1919: Ob.446
2. Code of January 1925: 507
3. Code of January 1929: 507

Section 512.

• When the property has been delivered to the buyer in order that he may examine it, the sale is complete in the following cases:
• (1) If the buyer does not notify his refusal within the time fixed by the contract or by the notification, or
• (2) If the buyer does not return the property within that time, or
• (3) If the buyer <after delivery> pays the price or part of it, or
• (4) If the buyer disposes of the property or uses it otherwise than for the purpose of examining it.

《Genealogies》

1. Draft of 1919: Ob.447
2. Code of January 1925: 508
3. Code of January 1929: 508