Book3 Title15 Chapter04

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 XV. Agency.

Chapter IV. Liability of Principal and Agent to Third Persons.

Section 932.

• [I] The principal is bound to third persons by the acts which the agent has made within the scope of his authority and in the name of the principal.
• [II] A limitation of authority which is not customary or is not inherent in the nature of the matters entrusted cannot be set up against third persons who had no knowledge of it.

《Genealogies》

1. Draft of 1919: Ob.873
2. Code of January 1925: 820
3. Code of January 1929: 820

Section 933.

• A person who expressly or impliedly represents another person as his agent or knowingly allows another person to be represented as his agent, is liable to third persons in good faith in the same way as if such person was his agent.

《Genealogies》

1. Draft of 1919: Ob.874
2. Code of January 1925: 821
3. Code of January 1929: 821

Section 934.

• A principal who represents his agent or knowingly allows his agent to be represented as having a wider authority than he actually has is liable to third persons in good faith in the same way as if the agent had such wider authority.

《Genealogies》

1. Draft of 1919: Ob.875
2. Code of January 1925: 822
3. Code of January 1929: 822

Section 935.

• If a person does an act without authority or beyond the scope of his authority such act does not bind the principal unless he expressly or impliedly ratifies it.

《Genealogies》

1. Draft of 1919: Ob.876
2. Code of January 1925: 823
3. Code of January 1929: 823

Section 936.

• If the principal does not ratify the act, the person who has acted as agent is personally liable to third persons, unless he proves that such third persons knew that he was acting without authority or beyond the scope of the authority.

《Genealogies》

1. Draft of 1919: Ob.877
2. Code of January 1925: 823
3. Code of January 1929: 823

Section 937.

• A principal is not bound by a contract entered into by his agent with a third person, if the contract was entered into by the agent in consideration of any property or other advantage given or promised to him by such third person.

《Genealogies》

1. Draft of 1919: Ob.878
2. Code of January 1925: 825
3. Code of January 1929: 825

Section 938.

• Notifications made by, or to the agent within the scope of his authority are deemed to be notifications made by, or to, the principal.

《Genealogies》

1. Draft of 1919: Ob.879
2. Code of January 1925: -
3. Code of January 1929: -