Book3 Title16

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 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: -