Book3 Title16

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)

TITLE XVI. Brokerage.

Section 957.
  • [I] A broker is a person who acts as intermediary between other persons for the negotiation of contracts.
  • [II] The remuneration which may be due to a broker for his services is called brokerage.

《Genealogies》

  1. Draft of 1919: Ob.898
  2. Code of January 1925: 845
  3. Code of January 1929: 845
Section 958.
  • A broker who has been instructed by a party not to disclose his name shall not communicate it to the other party.

《Genealogies》

  1. Draft of 1919: Ob.899
  2. Code of January 1925: -
  3. Code of January 1929: -
Section 959.
  • [I] A broker is not personally liable for the execution of the contracts entered into through his mediation.
  • [II] However when a broker has not disclosed to one party the name of the other party, he is liable for performance to the former party.

《Genealogies》

  1. Draft of 1919: Ob.900
  2. Code of January 1925: 846
  3. Code of January 1929: 846
Section 960.
  • [I] A broker who has been instructed by a party to sell or buy property at a fixed price may be himself the buyer or the seller, provided he gives notice thereof to that person.
  • [II] In such case the broker incurs the same liability as an ordinary party to a contract of sale, but he is still entitled to charge brokerage.

《Genealogies》

  1. Draft of 1919: Ob.901
  2. Code of January 1925: -
  3. Code of January 1929: -
Section 961.
  • A broker is presumed to have no authority to receive on behalf of the parties the payments or other prestations due in <execution>[performance] of the contract.

《Genealogies》

  1. Draft of 1919: Ob.902
  2. Code of January 1925: 847
  3. Code of January 1929: 847
Section 962.
  • The promise to pay brokerage is implied unless the services, under the circumstances of the case, shall have been expected to be rendered gratuitously.

《Genealogies》

  1. Draft of 1919: Ob.903
  2. Code of January 1925: 845
  3. Code of January 1929: 845
Section 963.
  • No brokerage is due to the broker unless the contract is the result of his services.

《Genealogies》

  1. Draft of 1919: Ob.904
  2. Code of January 1925: 848
  3. Code of January 1929: 848
Section 964.
  • A broker loses his right to brokerage if he agrees to accept brokerage from both parties to the contract without their consent.

《Genealogies》

  1. Draft of 1919: Ob.905
  2. Code of January 1925: 849
  3. Code of January 1929: 847
Section 965.
  • [I] The brokerage shall be fixed by agreement. In the absence of any agreement, it shall be governed by custom.
  • [II] If the brokerage agreed upon is excessive, the Court can reduce it.

《Genealogies》

  1. Draft of 1919: Ob.906
  2. Code of January 1925: -
  3. Code of January 1929: -