Book3 Title16
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 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》
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》
- Draft of 1919: Ob.899
- Code of January 1925: -
- 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》
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》
- Draft of 1919: Ob.901
- Code of January 1925: -
- 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》
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》
Section 963.
- No brokerage is due to the broker unless the contract is the result of his services.
《Genealogies》
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》
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》
- Draft of 1919: Ob.906
- Code of January 1925: -
- Code of January 1929: -