Book3 Title08 Chapter01 Part03
From Thai Codification Draft of 1924
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 VIII. Carriage.
Chapter I. Carriage of Goods.
Part III. Rights and Duties of the Sender and the Consignee.
Section 677.
- [I] As long as the goods are in the carrier's hands, the sender or the holder of the consignment note can exercise the right of stoppage in transit, that is to say he can require the carrier to stop the transportation or to return the goods.
- [II] In such case, the carrier is entitled to the freight in proportion to the transportation performed and to all other expenses occasioned by the stoppage or the return of the goods.
《Genealogies》
Section 678.
- If the consignment note has been made to order or to bearer, the right of stoppage in transit can be exercised only on surrendering the note to the carrier.
《Genealogies》
- Draft of 1919: Ob.610
- Code of January 1925: -
- Code of January 1929: -
Section 679.
- The right of stoppage in transit ceases:
- (1) When the carrier gives notice of the arrival of the goods to the consignee.
- (2) When the goods have arrived at the place of destination and the consignee demands delivery.
《Genealogies》
- Draft of 1919: Ob.611
- Code of January 1925: -
- Code of January 1929: -
Section 680.
- After the goods have arrived at the place of destination and the consignee has demanded delivery, or after the carrier has given notice of the arrival of the goods to the consignee, the consignee is entitled to the rights of the sender arising out of the contract of carriage.
《Genealogies》
Section 681.
- The freight and accessories are payable either by the sender or by the consignee, as provided by the contract or by custom.
《Genealogies》
- Draft of 1919: Ob.613
- Code of January 1925: -
- Code of January 1929: -
Section 682.
- If goods are lost by force majeure, the carrier is not entitled to the freight. Whatever has been received on that account must be returned.
《Genealogies》
Section 683.
- If the carrier delivers the goods before payment of the freight and accessories, he remains liable to preceding carriers for such part of the freight and accessories as may still be due to them.
《Genealogies》
Section 684.
- The carrier is entitled to retain the goods as long as the freight and accessories are not paid, provided that the party liable for them may at any time apply to the Court for an order, either:
- (1) Restricting the exercise of this right to such part of the goods as the Court may deem sufficient to cover the freight and accessories, or
- (2) Ordering the carrier to deliver the goods on security being given for payment of freight and accessories.
《Genealogies》
Section 685.
- [I] If the consignee cannot be found, the carrier must notify the sender by registered letter to give his orders as to the disposal of the goods and to provide for the payment of the freight and accessories within a reasonable time to be fixed in the notice.
- [II] If the sender fails to comply with the notice the carrier can sell the goods by public auction.
《Genealogies》
Section 686.
- [I] If the consignee does not take delivery of the goods, or does not pay the freight and accessories due by him, the carrier can notify the consignee by registered letter to pay the freight and accessories and take delivery within a reasonable time to be fixed in the notice.
- [II] The carrier must at the same time notify the sender by registered letter.
- [III] If the consignee or the sender do not comply with the notice, the carrier can sell the goods by public auction.
《Genealogies》
Section 687.
- In the cases provided by Sections <
617>[685] and <618>[686], if the goods are of a perishable nature, the carrier can sell them by public auction without notice.
《Genealogies》
Section 688.
- The carrier shall forthwith deduct from the nett proceeds of the public auction the freight, accessories and other monies due in connection with the contract of carriage and must deliver the surplus to the person entitled to it.
《Genealogies》
Section 689.
- If the goods were transported by several carriers, the last of them can exercise the rights described in Sections <
616>[684] to <620>[688], for the amounts due to them all for freight and accessories.
《Genealogies》
Section 690.
- If the goods were transported by several carriers, all the rights arising out of the contract of carriage may, at the discretion of the party exercising them, be exercised against the last carrier alone.
《Genealogies》
- Draft of 1919: Ob.622
- Code of January 1925: -
- Code of January 1929: -
