Book3 Title07
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 VII. Hire of Work.
Section 628.
- A contract of hire of work is a contract whereby a person, called the contractor, agrees to do a definite work for another person, called hirer of work, and the hirer of work agrees to pay him for the result of the work a remuneration, called the price.
《Genealogies》
Section 629.
- Tools or instruments which are necessary for the execution of the work shall be supplied by the contractor.
《Genealogies》
Section 630.
- If the materials for the work are to be supplied by the contractor, the contractor shall supply materials of good quality.
《Genealogies》
Section 631.
- If the materials are to be supplied by the hirer of work, the contractor shall use them carefully and without waste. He shall return the surplus, if any, after the work is completed.
《Genealogies》
Section 632.
- If during the execution of the work it becomes apparent that the ground selected by the hirer of work or the materials supplied by him are defective or unsuited to the work, the contractor must notify the hirer of work at once, failing which he shall be liable for the defects or delay caused by the unsuitableness or defects of such ground or materials.
《Genealogies》
Section 633.
- The contractor is bound to allow the hirer of work or his agents to inspect the work during its execution.
《Genealogies》
Section 634.
- If the hirer of work has reasonable ground to think that for any reason whatsoever except his own act or fault, the work will not be finished within the time fixed in the contract ( or within a reasonable time if no time is fixed in the contract), he may notify the contractor to proceed with the work within a reasonable time to be fixed in the notice.
《Genealogies》
Section 635.
- If for any reason whatsoever except the act or fault of the hirer of work, the work is being badly executed or is being executed contrary to the terms of the contract, the hirer of work may notify the contractor to make the defects good or to comply with the terms of the contract within a reasonable time to be fixed in the notice.
《Genealogies》
Section 636.
- If the work delivered is defective, the hirer of work must, immediately after the discovery of the defect, notify the contractor to make the defect good within a reasonable time to be fixed in the notice, failing which he is deemed to have accepted the defective work.
《Genealogies》
- Draft of 1919: Ob.568
- Code of January 1925: -
- Code of January 1929: -
Section 637.
- If the contractor does not comply with the notice, the hirer of work has the remedies described in this Code concerning non-performance, except that the Court cannot order the work to be done by a third person at the expense of the contractor.
《Genealogies》
- Draft of 1919: Ob.569
- Code of January 1925: -
- Code of January 1929: -
Section 638.
- If the materials have been supplied by the contractor, his liability for defects is governed by the provisions of this Code concerning sale.
《Genealogies》
Section 639.
- If the work is delivered after the time fixed in the contract, or, if no time was fixed, after an unreasonable delay, the hirer of work is entitled, as the Court may think fit, either to a reduction of price on cancellation of the contract, with compensation if any be due.
《Genealogies》
Section 640.
- If the hirer of work has accepted the work without reservation either expressly or impliedly the contractor is no longer liable for delay in delivery or for defects, unless the defects were such as could not be discovered when the work was accepted, or they had been concealed by the contractor.
《Genealogies》
Section 641.
- If the work was done on land and its removal would be unreasonably expensive, the contract shall not be cancelled but the hirer of work shall be entitled to such reduction of price as the Court may think fit.
《Genealogies》
- Draft of 1919: Ob.573
- Code of January 1925: -
- Code of January 1929: -
Section 642.
- The contractor is not liable for defects or delay caused by the hirer of work.
《Genealogies》
- Draft of 1919: Ob.574
- Code of January 1925: -
- Code of January 1929: -
Section 643.
- In case of delay in delivery or of delivery of a defective work, the hirer of work is entitled to withhold the price as provided by Section 411 concerning sale.
《Genealogies》
Section 644.
- [I] The liability of the contractor for defects is limited to the defects appearing within one year after delivery of the work.
- [II] If the work is for a structure on land other than a wooden building, the contractor is liable for the defects which may appear within five years after delivery of the work.
《Genealogies》
Section 645.
- The liability of the contractor is extinguished by prescription one year after the defect appeared.
《Genealogies》
Section 646.
- If the work is to be done by instalments and the price is fixed at so much per instalment, the agreed part of the price must be paid on delivery of each instalment.
《Genealogies》
- Draft of 1919: Ob.578
- Code of January 1925: -
- Code of January 1929: -
Section 647.
- The contractor cannot claim more, nor the hirer of work pay less, than the price agreed, no matter what the actual labour was.
《Genealogies》
- Draft of 1919: Ob.579
- Code of January 1925: -
- Code of January 1929: -
Section 648.
- <
If an estimate only was made for the work, and the price is not more than five per cent over the estimate, the hirer of work is bound to accept the work and pay the price.> - <
If the price is more than five per cent over the estimate, the hirer of work can claim cancellation of contract.> - [ถ้าสัญญาว่ากันโดยราคาประมาณอันผู้รับจ้างมิได้รับรองว่าประมาณเช่นนั้นถูกต้องและเปนเด็ดขาดไซร้ ถ้าราคาที่ทำการงารนั้นเกินประมาณไป ท่านไห้บังคับด้วยวิธีดังกล่าวต่อไปนี้ คือ]
- [(๑) ราคาเกินประมาณไปไม่มากกว่าร้อยละห้า ผู้ว่าจ้างจำต้องรับการงารที่ทำนั้นและชำระสินจ้างให้]
- [(๒) ถ้าราคาเกินประมาณไปมากกว่าร้อยละห้า ผู้ว่าจ้างอาจเรียกให้เพิกถอนสัญญาได้]
《Genealogies》
- Draft of 1919: Ob.580
- Code of January 1925: -
- Code of January 1929: -
Section 649.
- The hirer of work is bound to pay any excess of price caused by him.
《Genealogies》
- Draft of 1919: Ob.581
- Code of January 1925: -
- Code of January 1929: -
Section 650.
- If the work is destroyed before delivery by force majeure, neither party is entitled to compensation.
《Genealogies》
Section 651.
- If the work is destroyed before delivery because the materials supplied by the hirer of work a defective or unsuitable, or through the act or fault of the hirer of work, the contractor is entitled to compensation for labour done and expenses incurred by him.
《Genealogies》
Section 652.
- As long as the work is not finished, the hirer of work can determine the contract on making compensation to the contractor for any injury resulting from the determination of the contract.
《Genealogies》
Section 653.
- [I] A contract of hire of work may be determined at the death of the contractor by the heirs of the contractor giving notice to the hirer of work within two months after such death.
- [II] The hirer of work is bound to accept such part of the work as is already done, and to pay a reasonable price for it, provided that it be of some use to him.
《Genealogies》
Section 654.
- The contractor can sublet the whole or part of the contract to subcontractors unless the contract is one in which the personality of the contractor forms an essential part, but he remains liable for any act or fault of such subcontractors.
《Genealogies》
