Thai Codification Codes of 1925 - User contributions [en]

1919th Authentication

2026-09-08T07:56:50Z

Codesuser: /* B-1. Overview. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. ''Guyon''.''' ===

==== '''B-1. Overview.''' ====
* Just such a document could be found in the Archive titled "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It was a report submitted to the "Commission of Codification" and collected in the Archive under the category:
** "'''III. Decision to separately promulgate the Books I and II (October 1921 – December 1922) and appointment by the King of a Revising Committee (June 1922''')".
* It has the following title and other attributes:
** Title: "'''ALTERATIONS TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Dated: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* The heading "Decision to separately promulgate the Books I and II …" suggests that ''this report was submitted during the period where the Draft "Book on Obligations" had been already divided into "Book I" and "Book II"'', and it has just ''decided to further separate the "Division VII. Specific Contracts" from the Book II as a new "Book III".'' The revising work of the "Book III" was still in process and could take a considerable time. Under such circumstances, the Committee of Codification presumably ''decided to promulgate only the Book I and II in advance''. But, this Draft covered only Secs. 1 to 387, the sections on "Capacity of Persons" and "Juristic Persons" were not integrated yet.
* Before the scheduled promulgation of the Books I and II, the French commissioners summarized all the alterations and improvements to the original text of the Draft 1919. This is the contents of the report. Its original text including ANNEXs I and II is as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P171-215.pdf The Letter and the Report of 19. October 1921.] 》

==== '''B-2. Comparison for Authentication.''' ====
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries; 6 entries of them were not documented in our copy yet. In this way, the result of the comparison is quite positive for the authentication of the copy of the Draft 1919 as described below in '''[[1919th Authentication#C-3. Entries:|C-3. Entries]]'''. Its PDF version is also available as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_authentication.pdf The Comparison Result for Authentication in PDF.] 》

==== '''B-3. Epilogue: Postponement of the Promulgation.''' ====
* The circumstances of the report suggest that ''our copy of the Draft 1919 show its actual state shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.
* According to another document "'''Note to be communicated to the newspapers at the time when the civil and commercial code will be promulgated'''" dated March 1922 ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P249.pdf Vol.35, P. 35/249]), the promulgation of the Books I and II was scheduled to 1st April 1922 (วันที่ 1 เมษายน 2465), they should be then put into effect on 1st April 1923 (วันที่ 1 เมษายน 2466). On 21st March 1922, Mr. ''Guyon'' submitted ''the Thai translation of the Books I and II'' to the President of the Commission of Codification, ''Chao Phrya Abhai Raja (เจ้าะระยาอภัยราชา)''.
* However, the scheduled promulgation was delayed. On 16th June 1922, ''Chao Phrya Abhai Raja'' wrote to Mr. ''Guyon;'' "[King] had once more gone through the Draft Preamble and the translation of the 387 sections of the Civil and Commercial Code which are to be promulgated and deemed that ''the wording and the translation are not quite perfect'' (ข้อความและคำแปลยังไม่สู้บริบูรญ์เรียบร้อยดี) …". The scheduled promulgation was suspended. Instead, the King appointed a new "Revising Committee" ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P250-255.pdf Vol.35, P.35/250-255]).
* In the course of the newly started revising work, on 16th October 1922, the Commission of Codification decided to integrate the sections on "Capacity of Persons" and "Juristic Persons" into the Book I ([https://openlegaltextbook.ddns.net/Codes/archives/vol036/Vol036_P075-077.pdf Vol.36, P.36/075-077]). In March 1922, the Revising Committee adopted the new sections 39 — 105 ([https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163429 Vol.37, P.37/194 — 213]). As a result, the volume of the Book I increased from 39 to 105 sections, and the sections of the Book II were renumbered from the range of 40 – 387 to 106 – 452.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C-1. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C-2. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C-3. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-08T06:25:14Z

Codesuser: /* B. Report of 19th October 1921 written by Mr. Guyon. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. ''Guyon''.''' ===

==== '''B-1. Overview.''' ====
* Just such a document could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It was a report submitted to the "Commission of Codification" and collected in the Archive under the heading:
** "'''III. Decision to separately promulgate the Books I and II (October 1921 – December 1922) and appointment by the King of a Revising Committee (June 1922''')".
* It has the following title and other attributes:
** Title: "'''ALTERATIONS TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Dated: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* The heading "Decision to separately promulgate the Books I and II …" suggests that ''this report was submitted during the period where the Draft "Book on Obligations" had been already divided into "Book I" and "Book II"'', and it has just ''decided to further separate the "Division VII. Specific Contracts" from the Book II as a new "Book III".'' The revising work of the "Book III" was still in process and could take a considerable time. Under such circumstances, the Committee of Codification presumably ''decided to promulgate only the Book I and II in advance''. But, this Draft covered only Secs. 1 to 387, the sections on "Capacity of Persons" and "Juristic Persons" were not integrated yet.
* Before the scheduled promulgation of the Books I and II, the French commissioners summarized all the alterations and improvements to the original text of the Draft 1919. This is the contents of the report. Its original text including ANNEXs I and II is as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P171-215.pdf The Letter and the Report of 19. October 1921.] 》

==== '''B-2. Comparison for Authentication.''' ====
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries; 6 entries of them were not documented in our copy yet. In this way, the result of the comparison is quite positive for the authentication of the copy of the Draft 1919 as described below in '''[[1919th Authentication#C-3. Entries:|C-3. Entries]]'''. Its PDF version is also available as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_authentication.pdf The Comparison Result for Authentication in PDF.] 》

==== '''B-3. Epilogue: Postponement of the Promulgation.''' ====
* The circumstances of the report suggest that ''our copy of the Draft 1919 show its actual state shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.
* According to another document "'''Note to be communicated to the newspapers at the time when the civil and commercial code will be promulgated'''" dated March 1922 ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P249.pdf Vol.35, P. 35/249]), the promulgation of the Books I and II was scheduled to 1st April 1922 (วันที่ 1 เมษายน 2465), they should be then put into effect on 1st April 1923 (วันที่ 1 เมษายน 2466). On 21st March 1922, Mr. ''Guyon'' submitted ''the Thai translation of the Books I and II'' to the President of the Commission of Codification, ''Chao Phrya Abhai Raja (เจ้าะระยาอภัยราชา)''.
* However, the scheduled promulgation was delayed. On 16th June 1922, ''Chao Phrya Abhai Raja'' wrote to Mr. ''Guyon;'' "[King] had once more gone through the Draft Preamble and the translation of the 387 sections of the Civil and Commercial Code which are to be promulgated and deemed that ''the wording and the translation are not quite perfect'' (ข้อความและคำแปลยังไม่สู้บริบูรญ์เรียบร้อยดี) …". The scheduled promulgation was suspended. Instead, the King appointed a new "Revising Committee" ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P250-255.pdf Vol.35, P.35/250-255]).
* In the course of the newly started revising work, on 16th October 1922, the Commission of Codification decided to integrate the sections on "Capacity of Persons" and "Juristic Persons" into the Book I ([https://openlegaltextbook.ddns.net/Codes/archives/vol036/Vol036_P075-077.pdf Vol.36, P.36/075-077]). In March 1922, the Revising Committee adopted the new sections 39 — 105 ([https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163429 Vol.37, P.37/194 — 213]). As a result, the volume of the Book I increased from 39 to 105 sections, and the sections of the Book II were renumbered from the range of 40 – 387 to 106 – 452.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C-1. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C-2. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C-3. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-07T12:59:06Z

Codesuser: /* B-3. Epilogue: Postponement of the Promulgation. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. ''Guyon''.''' ===

==== '''B-1. Overview.''' ====
* Just such a document could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It was a report submitted to the "Commission of Codification" and collected under the heading:
** "'''III. Decision to separately promulgate the Books I and II (October 1921 – December 1922) and appointment by the King of a Revising Committee (June 1922''')".
* It has the following title and other attributes:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Dated: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* The heading "Decision to separately promulgate the Books I and II …" suggests that ''this report was submitted during the period where the Draft "Book on Obligations" had been already divided into "Book I" and "Book II"'', and it has just ''decided to further separate the "Division VII. Specific Contracts" from the Book II as a new "Book III".'' The revising work of the "Book III" was still in process and could take a considerable time. Under such circumstances, the Committee of Codification presumably ''decided to promulgate only the Book I and II in advance''. But, this Draft covered only Secs. 1 to 387, the sections on "Capacity of Persons" and "Juristic Persons" were not integrated yet.
* Before the scheduled promulgation of the Books I and II, the French commissioners summarized all the alterations and improvements to the original text of the Draft 1919. This is the contents of the report. Its original text including ANNEXs I and II is as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P171-215.pdf The Letter and the Report of 19. October 1921.] 》

==== '''B-2. Comparison for Authentication.''' ====
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries; 6 entries of them were not documented in our copy yet. In this way, the result of the comparison is quite positive for the authentication of the copy of the Draft 1919 as described below in '''[[1919th Authentication#C-3. Entries:|C-3. Entries]]'''. Its PDF version is also available as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_authentication.pdf The Comparison Result for Authentication in PDF.] 》

==== '''B-3. Epilogue: Postponement of the Promulgation.''' ====
* The circumstances of the report suggest that ''our copy of the Draft 1919 show its actual state shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.
* According to another document "'''Note to be communicated to the newspapers at the time when the civil and commercial code will be promulgated'''" dated March 1922 ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P249.pdf Vol.35, P. 35/249]), the promulgation of the Books I and II was scheduled to 1st April 1922 (วันที่ 1 เมษายน 2465), they should be then put into effect on 1st April 1923 (วันที่ 1 เมษายน 2466). On 21st March 1922, Mr. ''Guyon'' submitted ''the Thai translation of the Books I and II'' to the President of the Commission of Codification, ''Chao Phrya Abhai Raja (เจ้าะระยาอภัยราชา)''.
* However, the scheduled promulgation was delayed. On 16th June 1922, ''Chao Phrya Abhai Raja'' wrote to Mr. ''Guyon;'' "[King] had once more gone through the Draft Preamble and the translation of the 387 sections of the Civil and Commercial Code which are to be promulgated and deemed that ''the wording and the translation are not quite perfect'' (ข้อความและคำแปลยังไม่สู้บริบูรญ์เรียบร้อยดี) …". The scheduled promulgation was suspended. Instead, the King appointed a new "Revising Committee" ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P250-255.pdf Vol.35, P.35/250-255]).
* In the course of the newly started revising work, on 16th October 1922, the Commission of Codification decided to integrate the sections on "Capacity of Persons" and "Juristic Persons" into the Book I ([https://openlegaltextbook.ddns.net/Codes/archives/vol036/Vol036_P075-077.pdf Vol.36, P.36/075-077]). In March 1922, the Revising Committee adopted the new sections 39 — 105 ([https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163429 Vol.37, P.37/194 — 213]). As a result, the volume of the Book I increased from 39 to 105 sections, and the sections of the Book II were renumbered from the range of 40 – 387 to 106 – 452.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C-1. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C-2. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C-3. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Main Page

2026-09-07T12:58:24Z

Codesuser: /* No Direct Evidence in the Archives. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

* The today existing (probably) only copy of its publication is in possession of [https://librarykoha.bu.ac.th/cgi-bin/koha/opac-main.pl '''the main library of Bangkok University''']. The detailed information and images of the original sources are available on [https://openlegaltextbook.ddns.net/Centennial/ the Centennial Website].
* The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the [https://openlegaltextbook.ddns.net/Resources/01_French-Heritage_20190720.pdf "French Advisers' Heritage"].

== '''Authentication Issue of the Copy of the Draft 1919 preserved in the BU Library.''' ==

=== Authentication Issue of the Copy. ===

* The only existing source of the text of the Draft 1919 is, as described above, its copy preserved in '''the main library of Bangkok University''', which is a part of the “'''Phya Manava Rajsevi Library'''”. All the publications and other documents in this library were donated by พระยามานวราชเสวี himself. In this sense, there is no doubt about the fact that they all are authentic.

=== No Direct Evidence in the Archives. ===

* From the side of the “[https://www.krisdika.go.th/home Council of State]”, however, there is no confirmation for this authentication issue. Unfortunately, the '''[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 Archives of the History of Thai Codification]''' contain no copy of the published Draft 1919.
* Indeed, the Archives contain ''diverse versions of Thai translation'' of the "'''Book I on Obligations"''' as described in the next section below, but not its original draft in English language.

=== Alternative Method for Authentication. ===

* Fortunately, there is another method to authenticate the Copy of the "Book I on Obligations" as follows:
⇒ Please, refer to [[1919th Authentication#Alternative Method to Authenticate the Copy of the Draft 1919|the Special Page]] 》

== '''Prehistory and Thai translation of the Draft.''' ==
* The "[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 Archives of the History of Thai Codification]" contain diverse important historical documents regarding the prehistory and Thai translation of the Draft "Civil and Commercial Code for the Kingdom of Siam".
⇒ Please, refer to [[1919th Prehistory#Prehistory of the Draft and Its Thai Translation|the Special Page]] 》

== '''BOOK ON OBLIGATIONS.''' ==

=== '''PRELIMINARY.''' ===

==== [[1919th Book1 Preliminary Title01|TITLE I. Title, Commencement and Repeal.]] ====

* Secs. 1 – 3.

==== [[1919th Book1 Preliminary Title02|TITLE II. Definitions.]] ====

* Secs. 4 – 10.

==== [[1919th Book1 Preliminary Title03|TITLE III. General Provisions.]] ====

* Secs. 11 – 23.

==== [[1919th Book1 Preliminary Title04|TITLE IV. Rules for construction of documents.]] ====

* Secs. 24 – 30.

==== [[1919th Book1 Preliminary Title05|TITLE V. Periods of time.]] ====

* Secs. 31 – 39.

=== '''DIVISION I. HOW OBLIGATIONS ARISE.''' ===

==== TITLE I. Contracts. ====

===== [[1919th Book1 Division01 Title01 Chapter01|Chapter I. Definition.]] =====

* Sec. 40.

===== [[1919th Book1 Division01 Title01 Chapter02|Chapter II. Conditions for the validity of Contracts.]] =====

* Secs. 41 – 48.

====== [[1919th Book1 Division01 Title01 Chapter02 Part01|Part I. Capacity of Parties.]] ======

* Sec. 49.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02|Part II. Consent.]] ======

* Secs. 50 – 51.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 01|1. Offer and Acceptance.]] ======
* Secs. 52 – 67.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 02|2. Defective Consent.]] ======
* Secs. 68 – 79.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 03|3. Ratification.]] ======
* Secs. 80 – 84.

====== [[1919th Book1 Division01 Title01 Chapter02 Part03|Part III. Object.]] ======
* Secs. 85 – 87.

==== [[1919th Book1 Division01 Title02|TITLE II. Management of affairs without a mandate.]] ====

* Secs. 88 – 104.

==== TITLE III. Undue Enrichment. ====

===== [[1919th Book1 Division01 Title03 Chapter01|Chapter I. Liability for undue enrichment.]] =====

* Secs. 105 – 108.

===== [[1919th Book1 Division01 Title03 Chapter02|Chapter II. Restitution for undue enrichment.]] =====

* Secs. 109 – 119.

==== TITLE IV. Wrongful Acts. ====

====== [[1919th Book1 Division01 Title04 Chapter01|Chapter I. Liability for Wrongful Acts.]] ======

* Secs. 120 – 126.

====== [[1919th Book1 Division01 Title04 Chapter02|Chapter II. Self-Help.]] ======

* Secs. 127 – 129.

====== [[1919th Book1 Division01 Title04 Chapter03|Chapter III. Lawful defence, lawful command, necessity.]] ======

* Secs. 130 – 131.

====== [[1919th Book1 Division01 Title04 Chapter04|Chapter IV. Compensation for wrongful acts.]] ======

* Secs. 132 – 137.

=== '''DIVISION II. OF SOME PARTICULAR KINDS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division02 Title01|TITLE I. Conditional Obligations.]] ====

* Secs. 138 – 142.

==== [[1919th Book1 Division02 Title02|TITLE II. Obligations subject to a time clause.]] ====

* Secs. 143 – 146.

==== [[1919th Book1 Division02 Title03|TITLE III. Alternative Obligations.]] ====

* Secs. 147 – 153.

==== TITLE IV. Plurality of creditors and debtors. ====

===== [[1919th Book1 Division02 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 154 – 158.

===== Chapter II. Joint Obligations. =====

====== [[1919th Book1 Division02 Title04 Chapter02 Part01|Part I. General Provisions.]] ======
* Secs. 159 – 162.

====== [[1919th Book1 Division02 Title04 Chapter02 Part02|Part II. Joint Creditors.]] ======
* Secs. 163 – 177.

====== Part III. Joint Debtors. ======

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 01|1. Relations between Joint Debtors and the Creditor.]] ======
* Secs. 178 – 191.

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 02|2. Relations between Joint Debtors.]] ======
* Secs. 192 – 197.

===== [[1919th Book1 Division02 Title04 Chapter03|Chapter III. Indivisible Obligations.]] =====

* Secs. 198 – 199.

=== '''DIVISION III. TRANSFER OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division03 Title01|TITLE I. General Provisions.]] ====
* Secs. 200 – 204.

==== [[1919th Book1 Division03 Title02|TITLE II. Transfer of Rights.]] ====
* Secs. 205 – 213.

==== [[1919th Book1 Division03 Title03|TITLE III. Transfer of Liabilities.]] ====
* Secs. 214 – 217.

=== '''DIVISION IV. EFFECTS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division04 Title01|TITLE I. General Provisions.]] ====
* Secs. 218 – 221.

==== [[1919th Book1 Division04 Title02|TITLE II. Rights of the Creditor.]] ====
* Sec. 222.

===== Chapter I. Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter01 Part01|Part I. Who may perform.]] ======
* Secs. 223 – 224.

====== [[1919th Book1 Division04 Title02 Chapter01 Part02|Part II. Who is entitled to receive.]] ======
* Secs. 225 – 229.

====== [[1919th Book1 Division04 Title02 Chapter01 Part03|Part III. What may performance consist of.]] ======
* Secs. 230 – 245.

====== [[1919th Book1 Division04 Title02 Chapter01 Part04|Part IV. Place of performance.]] ======
* Secs. 246 – 247.

====== [[1919th Book1 Division04 Title02 Chapter01 Part05|Part V. Time of performance.]] ======
* Secs. 248 – 250.

====== [[1919th Book1 Division04 Title02 Chapter01 Part06|Part VI. Appropriation.]] ======
* Secs. 251 – 256.

===== Chapter II. Non-Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter02 Part01|Part I. Default of the debtor.]] ======
* Secs. 257 – 261.

====== [[1919th Book1 Division04 Title02 Chapter02 Part02|Part II. Remedies of the creditor.]] ======
* Secs. 262 – 264.

====== [[1919th Book1 Division04 Title02 Chapter02 Part03|Part III. Specific performance.]] ======
* Secs. 265 – 269.

====== [[1919th Book1 Division04 Title02 Chapter02 Part04|Part IV. Compensation.]] ======
* Secs. 270 – 272.

====== [[1919th Book1 Division04 Title02 Chapter02 Part05|Part V. Assessment of compensation for non-performance.]] ======
* Secs. 273 – 278.

====== [[1919th Book1 Division04 Title02 Chapter02 Part06|Part VI. Penalty clause and earnest money.]] ======
* Secs. 279 – 287.

==== TITLE III. Rights of the Debtor. ====

===== [[1919th Book1 Division04 Title03 Chapter01|Chapter I. Default of the creditor.]] =====
* Secs. 288 – 294.

===== [[1919th Book1 Division04 Title03 Chapter02|Chapter II. Deposit in lieu of performance.]] =====
* Secs. 295 – 305.

=== '''DIVISION V. RIGHTS OF THE CREDITOR OVER THE PROPERTY OF THE DEBTOR.''' ===

==== TITLE I. Respective Rights of the Ordinary and Preferred Creditors. ====

===== [[1919th Book1 Division05 Title01 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 306 – 313.

===== [[1919th Book1 Division05 Title01 Chapter02|Chapter II. Special Preferential Rights.]] =====
* Secs. 314 – 329.

===== [[1919th Book1 Division05 Title01 Chapter03|Chapter III. General Preferential Rights.]] =====
* Secs. 330 – 332.

===== [[1919th Book1 Division05 Title01 Chapter04|Chapter IV. Rank and Effects of Preferential Rights.]] =====
* Secs. 333 – 337.

==== [[1919th Book1 Division05 Title02|TITLE II. Rights of the Creditor to Exercise the Debtor's Rights of Action.]] ====
* Secs. 338 – 342.

==== [[1919th Book1 Division05 Title03|TITLE III. Rights of the Creditor to Cancellation of the Acts Made in Fraud of His Own Rights.]] ====
* Secs. 343 – 349.

=== '''DIVISION VI. EXTINCTION OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division06 Title01|TITLE I. Performance.]] ====
* Sec. 350.

==== [[1919th Book1 Division06 Title02|TITLE II. Release.]] ====
* Sec. 351.

==== [[1919th Book1 Division06 Title03|TITLE III. Set Off.]] ====
* Secs. 352 – 358.

==== [[1919th Book1 Division06 Title04|TITLE IV. Merger.]] ====
* Sec. 359.

==== TITLE V. Prescription. ====

===== [[1919th Book1 Division06 Title05 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 360 – 382.

===== [[1919th Book1 Division06 Title05 Chapter02|Chapter II. Periods of Prescription.]] =====
* Secs. 383 – 387.

=== '''DIVISION VII. SPECIFIC CONTRACTS.''' ===

==== '''TITLE I. Sale.''' ====

===== Chapter I. Nature and Essentials of the Contract of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter01 Part01|Part I. General Provisions.]] ======

* Secs. 388 – 392.

====== [[1919th Book1 Division07 Title01 Chapter01 Part02|Part II. Transfer of Ownership.]] ======

* Secs. 393 – 395.

====== [[1919th Book1 Division07 Title01 Chapter01 Part03|Part III. Promise of Sale.]] ======

* Secs. 396 – 398.

===== Chapter II. Duties and Liabilities of the Seller. =====

====== [[1919th Book1 Division07 Title01 Chapter02 Part01|Part I. Delivery.]] ======

* Secs. 399 – 407.

====== [[1919th Book1 Division07 Title01 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 408 – 411.

====== [[1919th Book1 Division07 Title01 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 412 – 422.

====== [[1919th Book1 Division07 Title01 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Secs. 423 – 425.

===== [[1919th Book1 Division07 Title01 Chapter03|Chapter III. Duty of the Buyer.]] =====

* Secs. 426 – 428.

===== Chapter IV. Of Some Particular Kinds of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter04 Part01|Part I. Sale with right of redemption.]] ======

* Secs. 429 – 441.

====== [[1919th Book1 Division07 Title01 Chapter04 Part02|Part II. Sale by sample. Sale on approval.]] ======

* Secs. 442 – 447.

====== [[1919th Book1 Division07 Title01 Chapter04 Part03|Part III. Sale by number, quantity, weight or measure.]] ======

* Secs. 448 – 452.

====== [[1919th Book1 Division07 Title01 Chapter04 Part04|Part IV. Sale by auction.]] ======

* Secs. 453 – 461.

==== '''[[1919th Book1 Division07 Title02|TITLE II. Exchange.]]''' ====

* Secs. 462 – 464.

==== '''[[1919th Book1 Division07 Title03|TITLE III. Gift.]]''' ====

* Secs. 465 – 486.

==== '''TITLE IV. Hire of Property.''' ====

===== [[1919th Book1 Division07 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 487 – 495.

===== Chapter II. Duties and Liabilities of the Lessor. =====

====== [[1919th Book1 Division07 Title04 Chapter02 Part01|Part I. Delivery and repair.]] ======

* Secs. 496 – 500.

====== [[1919th Book1 Division07 Title04 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 501 – 505.

====== [[1919th Book1 Division07 Title04 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 506 – 515.

====== [[1919th Book1 Division07 Title04 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Sec. 516.

===== [[1919th Book1 Division07 Title04 Chapter03|Chapter III. Duties and Liabilities of the Lessee.]] =====

* Secs. 517 – 533.

===== [[1919th Book1 Division07 Title04 Chapter04|Chapter IV. Extinction of the Lease.]] =====

* Secs. 534 – 543.

===== [[1919th Book1 Division07 Title04 Chapter05|Chapter V. Transfer of Lease and Sublease.]] =====

* Secs. 544 – 546.

==== '''[[1919th Book1 Division07 Title05|TITLE V. Hire of Services.]]''' ====

* Secs. 547 – 559.

==== '''[[1919th Book1 Division07 Title06|TITLE VI. Hire of Work.]]''' ====

* Secs. 560 – 586.

==== '''[[1919th Book1 Division07 Title07|TITLE VII. Carriage.]]''' ====
Secs. 587 – 588.

===== Chapter I. Carriage of Goods. =====

====== [[1919th Book1 Division07 Title07 Chapter01 Part01|Part I. General.]] ======

* Secs. 589 – 593.

====== [[1919th Book1 Division07 Title07 Chapter01 Part02|Part II. Duties and liabilities of the carrier.]] ======

* Secs. 594 – 608.

====== [[1919th Book1 Division07 Title07 Chapter01 Part03|Part III. Rights and duties of the sender and the consignee.]] ======

* Secs. 609 – 622.

===== [[1919th Book1 Division07 Title07 Chapter02|Chapter II. Carriage of Passengers.]] =====

* Secs. 623 – 628.

==== '''TITLE VIII. Loan.''' ====

===== [[1919th Book1 Division07 Title08 Chapter01|Chapter I. Loan for Use.]] =====

* Secs. 629 – 647.

===== Chapter II. Loan for Consumption. =====

====== [[1919th Book1 Division07 Title08 Chapter02 Part01|Part I. General Provisions.]] ======

* Secs. 648 – 652.

====== [[1919th Book1 Division07 Title08 Chapter02 Part02|Part II. Special rules for loan of money.]] ======

* Secs. 653 – 656.

==== '''TITLE IX. Deposit.''' ====

===== [[1919th Book1 Division07 Title09 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 657 – 678.

===== [[1919th Book1 Division07 Title09 Chapter02|Chapter II. Special Rules for Deposit of Money.]] =====

* Secs. 679 – 680.

===== [[1919th Book1 Division07 Title09 Chapter03|Chapter III. Special Rules for Innkeepers.]] =====

* Secs. 681 – 686.

==== '''TITLE X. Suretyship.''' ====

===== [[1919th Book1 Division07 Title10 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 687 – 695.

===== [[1919th Book1 Division07 Title10 Chapter02|Chapter II. Effects before Performance.]] =====

* Secs. 696 – 703.

===== [[1919th Book1 Division07 Title10 Chapter03|Chapter III. Effects after Performance.]] =====

* Secs. 704 – 708.

===== [[1919th Book1 Division07 Title10 Chapter04|Chapter IV. Extinction of Suretyship.]] =====

* Secs. 709 – 713.

==== '''TITLE XI. Mortgage.''' ====

===== [[1919th Book1 Division07 Title11 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 714 – 728.

===== [[1919th Book1 Division07 Title11 Chapter02|Chapter II. Extent of Mortgage.]] =====

* Secs. 729 – 735.

===== [[1919th Book1 Division07 Title11 Chapter03|Chapter III. Rights and Duties of the Mortgagee and Mortgagor.]] =====

* Secs. 736 – 742.

===== [[1919th Book1 Division07 Title11 Chapter04|Chapter IV. Enforcement of Mortgage.]] =====

* Secs. 743 – 751.

===== [[1919th Book1 Division07 Title11 Chapter05|Chapter V. Rights and Duties of the Transfee of a Mortgaged Property.]] =====

* Secs. 752 – 763.

===== [[1919th Book1 Division07 Title11 Chapter06|Chapter VI. Extinction of Mortgage.]] =====

* Secs. 764 – 767.

===== [[1919th Book1 Division07 Title11 Chapter07|Chapter VII. Registration.]] =====

* Secs. 768 – 775.

==== '''TITLE XII. Pledge.''' ====

===== [[1919th Book1 Division07 Title12 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 776 – 792.

===== [[1919th Book1 Division07 Title12 Chapter02|Chapter II. Rights and Duties of the Pledgee and Pledgor.]] =====

* Secs. 793 – 800.

===== [[1919th Book1 Division07 Title12 Chapter03|Chapter III. Enforcement of Pledge.]] =====

* Secs. 801 – 809.

===== [[1919th Book1 Division07 Title12 Chapter04|Chapter IV. Extinction of Pledge.]] =====

* Sec. 810.

==== '''TITLE XIII. Warehousing.''' ====

===== [[1919th Book1 Division07 Title13 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 811 – 823.

===== [[1919th Book1 Division07 Title13 Chapter02|Chapter II. Warehouse Receipt and Warrant.]] =====

* Secs. 824 – 843.

==== '''TITLE XIV. Agency.''' ====

===== [[1919th Book1 Division07 Title14 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 844 – 858.

===== [[1919th Book1 Division07 Title14 Chapter02|Chapter II. Duties of the Agent to the Principal.]] =====

* Secs. 859 – 864.

===== [[1919th Book1 Division07 Title14 Chapter03|Chapter III. Duties of the Principal to the Agent.]] =====

* Secs. 865 – 872.

===== [[1919th Book1 Division07 Title14 Chapter04|Chapter IV. Liability of the Principal and Agent to third persons.]] =====

* Secs. 873 – 879.

===== [[1919th Book1 Division07 Title14 Chapter05|Chapter V. Extinction of Agency.]] =====

* Secs. 880 – 889.

===== [[1919th Book1 Division07 Title14 Chapter06|Chapter VI. Subagency.]] =====

* Secs. 890 – 896.

===== [[1919th Book1 Division07 Title14 Chapter07|Chapter VII. Importation Agents.]] =====

* Sec. 897.

==== '''[[1919th Book1 Division07 Title15|TITLE XV. Brokerage.]]''' ====

* Secs. 898 – 906.

==== '''[[1919th Book1 Division07 Title16|TITLE XVI. Compromise.]]''' ====

* Secs. 907 – 912.

===== '''[[1919th Book1 Division07 Title17|TITLE XVII. Gambling and Betting.]]''' =====

* Secs. 913 – 915.

===== '''[[1919th Book1 Division07 Title18|TITLE XVIII. Current Account.]]''' =====

* Secs. 916 – 924.

===== '''[[1919th Book1 Division07 Title19|TITLE XIX. Insurance against Loss.]]''' =====

* Secs. 925 – 938.

===== '''[[1919th Book1 Division07 Title20|TITLE XX. Insurance of Life.]]''' =====

* Secs. 939 – 951.

===== '''TITLE XXI. Bills.''' =====

===== [[1919th Book1 Division07 Title21 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 952 – 963.

===== Chapter II. Bill of Exchange. =====

====== [[1919th Book1 Division07 Title21 Chapter02 Part01|Part I. Drawing of a bill of exchange.]] ======

* Secs. 964 – 977.

====== [[1919th Book1 Division07 Title21 Chapter02 Part02|Part II. Effects of a bill of exchange.]] ======

* Secs. 978 – 981.

====== [[1919th Book1 Division07 Title21 Chapter02 Part03|Part III. Transfer and indorsement.]] ======

* Secs. 982 – 996.

====== Part IV. Acceptance. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 01|1. Acceptance by drawee.]] ======
* Secs. 997 – 1008.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 02|2. Right of recourse in case of non-acceptance.]] ======
* Secs. 1009 – 1027.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 03|3. Acceptance for honour.]] ======
* Secs. 1028 – 1035.

====== [[1919th Book1 Division07 Title21 Chapter02 Part05|Part V. Suretyship.]] ======

* Secs. 1036 – 1041.

====== Part VI. Payment. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 01|1. General provisions.]] ======
* Secs. 1042 – 1054.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 02|2. Right of recourse in case of non-payment.]] ======
* Secs. 1055 – 1073.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 03|3. Payment for honour.]] ======
* Secs. 1074 – 1084.

====== [[1919th Book1 Division07 Title21 Chapter02 Part07|Part VII. Bills of exchange in a set.]] ======

* Secs. 1085 – 1089.

===== [[1919th Book1 Division07 Title21 Chapter03|Chapter III. Promissory Notes.]] =====

* Secs. 1090 – 1098.

===== Chapter IV. Cheques. =====

====== [[1919th Book1 Division07 Title21 Chapter04 Part01|Part I. General provisions.]] ======

* Secs. 1099 – 1110.

====== [[1919th Book1 Division07 Title21 Chapter04 Part02|Part II. Crossed cheques.]] ======

* Secs. 1111 – 1113.

===== [[1919th Book1 Division07 Title21 Chapter05|Chapter V. Prescription.]] =====

* Secs. 1114 – 1115.

===== [[1919th Book1 Division07 Title21 Chapter06|Chapter VI. Forged, Stolen and Lost Bills.]] =====

* Secs. 1116 – 1128.

==== '''TITLE XXII. Partnerships and Companies.''' ====

===== [[1919th Book1 Division07 Title22 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 1129 – 1140.

===== Chapter II. Ordinary Partnerships. =====

====== [[1919th Book1 Division07 Title22 Chapter02 Part01|Part I. Definition.]] ======

* Sec. 1141.

====== [[1919th Book1 Division07 Title22 Chapter02 Part02|Part II. Relations of partners between themselves.]] ======

* Secs. 1142 – 1165.

====== [[1919th Book1 Division07 Title22 Chapter02 Part03|Part III. Relations of partners with third persons.]] ======

* Secs. 1166 – 1171.

====== [[1919th Book1 Division07 Title22 Chapter02 Part04|Part IV. Dissolution and liquidation of ordinary partnerships.]] ======

* Secs. 1172 – 1177.

====== [[1919th Book1 Division07 Title22 Chapter02 Part05|Part V. Registration of ordinary partnerships.]] ======

* Secs. 1178 – 1189.

====== [[1919th Book1 Division07 Title22 Chapter02 Part06|Part VI. Amalgamation of registered partnerships.]] ======

* Secs. 1190 – 1193.

===== [[1919th Book1 Division07 Title22 Chapter03|Chapter III. Limited Partnerships.]] =====

* Secs. 1194 – 1215.

===== Chapter IV. Limited Companies. =====

====== [[1919th Book1 Division07 Title22 Chapter04 Part01|Part I. Nature and formation of limited companies.]] ======

* Secs. 1216 – 1244.

====== [[1919th Book1 Division07 Title22 Chapter04 Part02|Part II. Shares and shareholders.]] ======

* Secs. 1245 – 1274.

====== Part III. Management of limited companies. ======

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 01|1. General.]] ======
* Secs. 1275 – 1280.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 02|2. Directors.]] ======
* Secs. 1281 – 1303.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 03|3. General meetings.]] ======
* Secs. 1304 – 1330.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 04|4. Balance-sheet.]] ======
* Secs. 1331 – 1334.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 05|5. Dividends and interests.]] ======
* Secs. 1335 – 1340.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 06|6. Books and accounts.]] ======
* Secs. 1341 – 1342.

====== [[1919th Book1 Division07 Title22 Chapter04 Part04|Part IV. Audit.]] ======

* Secs. 1343 – 1349.

====== [[1919th Book1 Division07 Title22 Chapter04 Part05|Part V. Inspection.]] ======

* Secs. 1350 – 1354.

====== [[1919th Book1 Division07 Title22 Chapter04 Part06|Part VI. Increases and reductions of capital.]] ======

* Secs. 1355 – 1365.

====== [[1919th Book1 Division07 Title22 Chapter04 Part07|Part VII. Debentures.]] ======

* Secs. 1366 – 1373.

====== [[1919th Book1 Division07 Title22 Chapter04 Part08|Part VIII. Dissolution.]] ======

* Sec. 1374.

====== [[1919th Book1 Division07 Title22 Chapter04 Part09|Part IX. Amalgamation of limited companies.]] ======

* Secs. 1375 – 1380.

====== [[1919th Book1 Division07 Title22 Chapter04 Part10|Part X. Notices.]] ======

* Secs. 1381 – 1382.

===== [[1919th Book1 Division07 Title22 Chapter05|Chapter V. Liquidation of Registered Partnerships, Limited Partnerships and Limited Companies.]] =====

* Secs. 1383 – 1410.

===== [[1919th Book1 Division07 Title22 Chapter06|Chapter VI. Penalties.]] =====

* Secs. 1411 – 1429.

==== '''[[1919th Book1 Division07 Title23|TITLE XXIII. Associations.]]''' ====

* Secs. 1430 – 1463.

== '''BOOK ON CAPACITY OF PERSONS.''' ==

=== '''[[1919th Book2 Preliminary|PRELIMINARY.]]''' ===

* Sec. 1.

=== '''[[1919th Book2 Division01|DIVISION I. Natural Persons.]]''' ===

* Sec. 2.

==== TITLE I. General Provisions. ====

===== [[1919th Book2 Division01 Title01 Chapter01|Chapter I. Age.]] =====

* Secs. 3 – 7.

===== [[1919th Book2 Division01 Title01 Chapter02|Chapter II. Name.]] =====

* Secs. 8 – 18.

===== [[1919th Book2 Division01 Title01 Chapter03|Chapter III. Signature.]] =====

* Secs. 19 – 20.

===== [[1919th Book2 Division01 Title01 Chapter04|Chapter IV. Witness.]] =====

* Secs. 21 – 21.

===== [[1919th Book2 Division01 Title01 Chapter05|Chapter V. Residence.]] =====

* Secs. 22 – 23.

===== [[1919th Book2 Division01 Title01 Chapter06|Chapter VI. Disappearance.]] =====

* Secs. 24 – 37.

==== TITLE II. Incapacitated Persons. ====

===== [[1919th Book2 Division01 Title02 Chapter01|Chapter I. Married Women.]] =====

* Sec. 38.

===== Chapter II. Minors. =====

====== [[1919th Book2 Division01 Title02 Chapter02 01|I. Representation of minors.]] ======

* Secs. 39 – 51.

====== [[1919th Book2 Division01 Title02 Chapter02 02|II. Management of a minor's property by his lawful representative.]] ======

====== [[1919th Book2 Division01 Title02 Chapter02 02#1° Management by parent.|1° Management by parent.]] ======

* Secs. 52 – 67.

====== [[1919th Book2 Division01 Title02 Chapter02 02#2° Management by Guardian.|2° Management by Guardian.]] ======

* Secs. 68 – 73.

====== [[1919th Book2 Division01 Title02 Chapter02 03|III. Acts done by a minor.]] ======

* Secs. 74 – 81.

===== Chapter III. Persons with Unsound Mind. =====

====== [[1919th Book2 Division01 Title02 Chapter03 01|I. Representation of persons with unsound mind.]] ======

* Secs. 82 – 89.

====== [[1919th Book2 Division01 Title02 Chapter03 02|II. Management of the property of a person of unsound mind by his lawful representative.]] ======

* Secs. 90 – 92.

====== [[1919th Book2 Division01 Title02 Chapter03 03|III. Acts done by a person of unsound mind.]] ======

* Secs. 93 – 95.

=== '''DIVISION II. Juristic Persons.''' ===

==== [[1919th Book2 Division02 Title01|TITLE I. General Provisions.]] ====

* Secs. 96 – 103.

==== [[1919th Book2 Division02 Title02|TITLE II. Foundations.]] ====

* Secs. 104 – 120.

== '''BOOK ON THINGS.''' ==

=== '''DIVISION I. General Provisions.''' ===

==== [[1919th Book3 Division01 Title01|TITLE I. Different Kind of Things.]] ====

* Secs. 1 – 10.

==== [[1919th Book3 Division01 Title02|TITLE II. Domain of the State.]] ====

* Secs. 11 – 18.

=== '''DIVISION II. Ownership.''' ===

==== TITLE I. Acquisition of Ownership. ====

===== [[1919th Book3 Division02 Title01 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 19 – 27.

===== [[1919th Book3 Division02 Title01 Chapter02|Chapter II. Acquisition by the Effect of Law.]] =====

* Secs. 28 – 39.

===== [[1919th Book3 Division02 Title01 Chapter03|Chapter III. Acquisition by way of Occupation.]] =====

* Secs. 40 – 45.

===== [[1919th Book3 Division02 Title01 Chapter04|Chapter IV. Acquisition by way of Usucapion.]] =====

* Sec. 46.

===== [[1919th Book3 Division02 Title01 Chapter05|Chapter V. Acquisition by way of Inheritance or by the Effect of Obligations.]] =====

* Sec. 47.

==== [[1919th Book3 Division02 Title02|TITLE II. Extent and Exercise of Ownership.]] ====

* Secs. 48 – 59.

==== [[1919th Book3 Division02 Title03|TITLE III. Joint-Ownership.]] ====

* Secs. 60 – 70.

==== [[1919th Book3 Division02 Title04|TITLE IV. Surrender and Abandonment.]] ====

* Secs. 71 – 72.

==== [[1919th Book3 Division02 Title05|TITLE V. Expropriation.]] ====

* Secs. 73 – 94.

=== '''DIVISION III. Possession.''' ===

==== [[1919th Book3 Division03 Title01|TITLE I. General Provisions.]] ====

* Secs. 95 – 108.

==== [[1919th Book3 Division03 Title02|TITLE II. Usucapion.]] ====

* Secs. 109 – 115.

==== [[1919th Book3 Division03 Title03|TITLE III. Recover of Possession.]] ====

* Secs. 116 – 125.

=== '''DIVISION IV. Servitudes.''' ===

==== [[1919th Book3 Division04 Title01|TITLE I. General Provisions.]] ====

* Secs. 126 – 134.

==== [[1919th Book3 Division04 Title02|TITLE II. Real Servitudes Established by Law.]] ====

* Secs. 135 – 145.

==== [[1919th Book3 Division04 Title03|TITLE III. Real Servitudes Created by Contract or Will.]] ====

* Secs. 146 – 152.

==== TITLE IV. Other Servitudes. ====

===== [[1919th Book3 Division04 Title04 Chapter01|Chapter I. Habitation.]] =====

* Secs. 153 – 161.

===== [[1919th Book3 Division04 Title04 Chapter02|Chapter II. Superficies.]] =====

* Secs. 162 – 167.

===== [[1919th Book3 Division04 Title04 Chapter03|Chapter III. Charges on Land.]] =====

* Sec. 168.

―――〈★ ★ ★〉―――

1919th Main Page

2026-09-05T11:52:44Z

Codesuser: /* Prehistory and Thai translation of the Draft. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

* The today existing (probably) only copy of its publication is in possession of [https://librarykoha.bu.ac.th/cgi-bin/koha/opac-main.pl '''the main library of Bangkok University''']. The detailed information and images of the original sources are available on [https://openlegaltextbook.ddns.net/Centennial/ the Centennial Website].
* The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the [https://openlegaltextbook.ddns.net/Resources/01_French-Heritage_20190720.pdf "French Advisers' Heritage"].

== '''Authentication Issue of the Copy of the Draft 1919 preserved in the BU Library.''' ==

=== Authentication Issue of the Copy. ===

* The only existing source of the text of the Draft 1919 is, as described above, its copy preserved in '''the main library of Bangkok University''', which is a part of the “'''Phya Manava Rajsevi Library'''”. All the publications and other documents in this library were donated by พระยามานวราชเสวี himself. In this sense, there is no doubt about the fact that they all are authentic.

=== No Direct Evidence in the Archives. ===

* From the side of the “[https://www.krisdika.go.th/home Council of State]”, however, there is no confirmation for this authentication issue. Unfortunately, the '''[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 Archives of the History of Thai Codification]''' contain no copy of the published Draft 1919.
* Indeed, the Archives contain ''diverse versions of Thai translation'' of the "'''Book I on Obligations"''' as described in the next section below, but not its original draft in English language.
* As of this moment, the original text has been identified only for the "'''Book II on Capacity of Persons'''" in the '''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163429 Vol.37, 37/194 — 252].'''

=== Alternative Method for Authentication. ===

* Fortunately, there is another method to authenticate the Copy of the "Book I on Obligations" as follows:
⇒ Please, refer to [[1919th Authentication#Alternative Method to Authenticate the Copy of the Draft 1919|the Special Page]] 》

== '''Prehistory and Thai translation of the Draft.''' ==
* The "[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 Archives of the History of Thai Codification]" contain diverse important historical documents regarding the prehistory and Thai translation of the Draft "Civil and Commercial Code for the Kingdom of Siam".
⇒ Please, refer to [[1919th Prehistory#Prehistory of the Draft and Its Thai Translation|the Special Page]] 》

== '''BOOK ON OBLIGATIONS.''' ==

=== '''PRELIMINARY.''' ===

==== [[1919th Book1 Preliminary Title01|TITLE I. Title, Commencement and Repeal.]] ====

* Secs. 1 – 3.

==== [[1919th Book1 Preliminary Title02|TITLE II. Definitions.]] ====

* Secs. 4 – 10.

==== [[1919th Book1 Preliminary Title03|TITLE III. General Provisions.]] ====

* Secs. 11 – 23.

==== [[1919th Book1 Preliminary Title04|TITLE IV. Rules for construction of documents.]] ====

* Secs. 24 – 30.

==== [[1919th Book1 Preliminary Title05|TITLE V. Periods of time.]] ====

* Secs. 31 – 39.

=== '''DIVISION I. HOW OBLIGATIONS ARISE.''' ===

==== TITLE I. Contracts. ====

===== [[1919th Book1 Division01 Title01 Chapter01|Chapter I. Definition.]] =====

* Sec. 40.

===== [[1919th Book1 Division01 Title01 Chapter02|Chapter II. Conditions for the validity of Contracts.]] =====

* Secs. 41 – 48.

====== [[1919th Book1 Division01 Title01 Chapter02 Part01|Part I. Capacity of Parties.]] ======

* Sec. 49.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02|Part II. Consent.]] ======

* Secs. 50 – 51.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 01|1. Offer and Acceptance.]] ======
* Secs. 52 – 67.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 02|2. Defective Consent.]] ======
* Secs. 68 – 79.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 03|3. Ratification.]] ======
* Secs. 80 – 84.

====== [[1919th Book1 Division01 Title01 Chapter02 Part03|Part III. Object.]] ======
* Secs. 85 – 87.

==== [[1919th Book1 Division01 Title02|TITLE II. Management of affairs without a mandate.]] ====

* Secs. 88 – 104.

==== TITLE III. Undue Enrichment. ====

===== [[1919th Book1 Division01 Title03 Chapter01|Chapter I. Liability for undue enrichment.]] =====

* Secs. 105 – 108.

===== [[1919th Book1 Division01 Title03 Chapter02|Chapter II. Restitution for undue enrichment.]] =====

* Secs. 109 – 119.

==== TITLE IV. Wrongful Acts. ====

====== [[1919th Book1 Division01 Title04 Chapter01|Chapter I. Liability for Wrongful Acts.]] ======

* Secs. 120 – 126.

====== [[1919th Book1 Division01 Title04 Chapter02|Chapter II. Self-Help.]] ======

* Secs. 127 – 129.

====== [[1919th Book1 Division01 Title04 Chapter03|Chapter III. Lawful defence, lawful command, necessity.]] ======

* Secs. 130 – 131.

====== [[1919th Book1 Division01 Title04 Chapter04|Chapter IV. Compensation for wrongful acts.]] ======

* Secs. 132 – 137.

=== '''DIVISION II. OF SOME PARTICULAR KINDS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division02 Title01|TITLE I. Conditional Obligations.]] ====

* Secs. 138 – 142.

==== [[1919th Book1 Division02 Title02|TITLE II. Obligations subject to a time clause.]] ====

* Secs. 143 – 146.

==== [[1919th Book1 Division02 Title03|TITLE III. Alternative Obligations.]] ====

* Secs. 147 – 153.

==== TITLE IV. Plurality of creditors and debtors. ====

===== [[1919th Book1 Division02 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 154 – 158.

===== Chapter II. Joint Obligations. =====

====== [[1919th Book1 Division02 Title04 Chapter02 Part01|Part I. General Provisions.]] ======
* Secs. 159 – 162.

====== [[1919th Book1 Division02 Title04 Chapter02 Part02|Part II. Joint Creditors.]] ======
* Secs. 163 – 177.

====== Part III. Joint Debtors. ======

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 01|1. Relations between Joint Debtors and the Creditor.]] ======
* Secs. 178 – 191.

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 02|2. Relations between Joint Debtors.]] ======
* Secs. 192 – 197.

===== [[1919th Book1 Division02 Title04 Chapter03|Chapter III. Indivisible Obligations.]] =====

* Secs. 198 – 199.

=== '''DIVISION III. TRANSFER OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division03 Title01|TITLE I. General Provisions.]] ====
* Secs. 200 – 204.

==== [[1919th Book1 Division03 Title02|TITLE II. Transfer of Rights.]] ====
* Secs. 205 – 213.

==== [[1919th Book1 Division03 Title03|TITLE III. Transfer of Liabilities.]] ====
* Secs. 214 – 217.

=== '''DIVISION IV. EFFECTS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division04 Title01|TITLE I. General Provisions.]] ====
* Secs. 218 – 221.

==== [[1919th Book1 Division04 Title02|TITLE II. Rights of the Creditor.]] ====
* Sec. 222.

===== Chapter I. Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter01 Part01|Part I. Who may perform.]] ======
* Secs. 223 – 224.

====== [[1919th Book1 Division04 Title02 Chapter01 Part02|Part II. Who is entitled to receive.]] ======
* Secs. 225 – 229.

====== [[1919th Book1 Division04 Title02 Chapter01 Part03|Part III. What may performance consist of.]] ======
* Secs. 230 – 245.

====== [[1919th Book1 Division04 Title02 Chapter01 Part04|Part IV. Place of performance.]] ======
* Secs. 246 – 247.

====== [[1919th Book1 Division04 Title02 Chapter01 Part05|Part V. Time of performance.]] ======
* Secs. 248 – 250.

====== [[1919th Book1 Division04 Title02 Chapter01 Part06|Part VI. Appropriation.]] ======
* Secs. 251 – 256.

===== Chapter II. Non-Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter02 Part01|Part I. Default of the debtor.]] ======
* Secs. 257 – 261.

====== [[1919th Book1 Division04 Title02 Chapter02 Part02|Part II. Remedies of the creditor.]] ======
* Secs. 262 – 264.

====== [[1919th Book1 Division04 Title02 Chapter02 Part03|Part III. Specific performance.]] ======
* Secs. 265 – 269.

====== [[1919th Book1 Division04 Title02 Chapter02 Part04|Part IV. Compensation.]] ======
* Secs. 270 – 272.

====== [[1919th Book1 Division04 Title02 Chapter02 Part05|Part V. Assessment of compensation for non-performance.]] ======
* Secs. 273 – 278.

====== [[1919th Book1 Division04 Title02 Chapter02 Part06|Part VI. Penalty clause and earnest money.]] ======
* Secs. 279 – 287.

==== TITLE III. Rights of the Debtor. ====

===== [[1919th Book1 Division04 Title03 Chapter01|Chapter I. Default of the creditor.]] =====
* Secs. 288 – 294.

===== [[1919th Book1 Division04 Title03 Chapter02|Chapter II. Deposit in lieu of performance.]] =====
* Secs. 295 – 305.

=== '''DIVISION V. RIGHTS OF THE CREDITOR OVER THE PROPERTY OF THE DEBTOR.''' ===

==== TITLE I. Respective Rights of the Ordinary and Preferred Creditors. ====

===== [[1919th Book1 Division05 Title01 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 306 – 313.

===== [[1919th Book1 Division05 Title01 Chapter02|Chapter II. Special Preferential Rights.]] =====
* Secs. 314 – 329.

===== [[1919th Book1 Division05 Title01 Chapter03|Chapter III. General Preferential Rights.]] =====
* Secs. 330 – 332.

===== [[1919th Book1 Division05 Title01 Chapter04|Chapter IV. Rank and Effects of Preferential Rights.]] =====
* Secs. 333 – 337.

==== [[1919th Book1 Division05 Title02|TITLE II. Rights of the Creditor to Exercise the Debtor's Rights of Action.]] ====
* Secs. 338 – 342.

==== [[1919th Book1 Division05 Title03|TITLE III. Rights of the Creditor to Cancellation of the Acts Made in Fraud of His Own Rights.]] ====
* Secs. 343 – 349.

=== '''DIVISION VI. EXTINCTION OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division06 Title01|TITLE I. Performance.]] ====
* Sec. 350.

==== [[1919th Book1 Division06 Title02|TITLE II. Release.]] ====
* Sec. 351.

==== [[1919th Book1 Division06 Title03|TITLE III. Set Off.]] ====
* Secs. 352 – 358.

==== [[1919th Book1 Division06 Title04|TITLE IV. Merger.]] ====
* Sec. 359.

==== TITLE V. Prescription. ====

===== [[1919th Book1 Division06 Title05 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 360 – 382.

===== [[1919th Book1 Division06 Title05 Chapter02|Chapter II. Periods of Prescription.]] =====
* Secs. 383 – 387.

=== '''DIVISION VII. SPECIFIC CONTRACTS.''' ===

==== '''TITLE I. Sale.''' ====

===== Chapter I. Nature and Essentials of the Contract of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter01 Part01|Part I. General Provisions.]] ======

* Secs. 388 – 392.

====== [[1919th Book1 Division07 Title01 Chapter01 Part02|Part II. Transfer of Ownership.]] ======

* Secs. 393 – 395.

====== [[1919th Book1 Division07 Title01 Chapter01 Part03|Part III. Promise of Sale.]] ======

* Secs. 396 – 398.

===== Chapter II. Duties and Liabilities of the Seller. =====

====== [[1919th Book1 Division07 Title01 Chapter02 Part01|Part I. Delivery.]] ======

* Secs. 399 – 407.

====== [[1919th Book1 Division07 Title01 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 408 – 411.

====== [[1919th Book1 Division07 Title01 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 412 – 422.

====== [[1919th Book1 Division07 Title01 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Secs. 423 – 425.

===== [[1919th Book1 Division07 Title01 Chapter03|Chapter III. Duty of the Buyer.]] =====

* Secs. 426 – 428.

===== Chapter IV. Of Some Particular Kinds of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter04 Part01|Part I. Sale with right of redemption.]] ======

* Secs. 429 – 441.

====== [[1919th Book1 Division07 Title01 Chapter04 Part02|Part II. Sale by sample. Sale on approval.]] ======

* Secs. 442 – 447.

====== [[1919th Book1 Division07 Title01 Chapter04 Part03|Part III. Sale by number, quantity, weight or measure.]] ======

* Secs. 448 – 452.

====== [[1919th Book1 Division07 Title01 Chapter04 Part04|Part IV. Sale by auction.]] ======

* Secs. 453 – 461.

==== '''[[1919th Book1 Division07 Title02|TITLE II. Exchange.]]''' ====

* Secs. 462 – 464.

==== '''[[1919th Book1 Division07 Title03|TITLE III. Gift.]]''' ====

* Secs. 465 – 486.

==== '''TITLE IV. Hire of Property.''' ====

===== [[1919th Book1 Division07 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 487 – 495.

===== Chapter II. Duties and Liabilities of the Lessor. =====

====== [[1919th Book1 Division07 Title04 Chapter02 Part01|Part I. Delivery and repair.]] ======

* Secs. 496 – 500.

====== [[1919th Book1 Division07 Title04 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 501 – 505.

====== [[1919th Book1 Division07 Title04 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 506 – 515.

====== [[1919th Book1 Division07 Title04 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Sec. 516.

===== [[1919th Book1 Division07 Title04 Chapter03|Chapter III. Duties and Liabilities of the Lessee.]] =====

* Secs. 517 – 533.

===== [[1919th Book1 Division07 Title04 Chapter04|Chapter IV. Extinction of the Lease.]] =====

* Secs. 534 – 543.

===== [[1919th Book1 Division07 Title04 Chapter05|Chapter V. Transfer of Lease and Sublease.]] =====

* Secs. 544 – 546.

==== '''[[1919th Book1 Division07 Title05|TITLE V. Hire of Services.]]''' ====

* Secs. 547 – 559.

==== '''[[1919th Book1 Division07 Title06|TITLE VI. Hire of Work.]]''' ====

* Secs. 560 – 586.

==== '''[[1919th Book1 Division07 Title07|TITLE VII. Carriage.]]''' ====
Secs. 587 – 588.

===== Chapter I. Carriage of Goods. =====

====== [[1919th Book1 Division07 Title07 Chapter01 Part01|Part I. General.]] ======

* Secs. 589 – 593.

====== [[1919th Book1 Division07 Title07 Chapter01 Part02|Part II. Duties and liabilities of the carrier.]] ======

* Secs. 594 – 608.

====== [[1919th Book1 Division07 Title07 Chapter01 Part03|Part III. Rights and duties of the sender and the consignee.]] ======

* Secs. 609 – 622.

===== [[1919th Book1 Division07 Title07 Chapter02|Chapter II. Carriage of Passengers.]] =====

* Secs. 623 – 628.

==== '''TITLE VIII. Loan.''' ====

===== [[1919th Book1 Division07 Title08 Chapter01|Chapter I. Loan for Use.]] =====

* Secs. 629 – 647.

===== Chapter II. Loan for Consumption. =====

====== [[1919th Book1 Division07 Title08 Chapter02 Part01|Part I. General Provisions.]] ======

* Secs. 648 – 652.

====== [[1919th Book1 Division07 Title08 Chapter02 Part02|Part II. Special rules for loan of money.]] ======

* Secs. 653 – 656.

==== '''TITLE IX. Deposit.''' ====

===== [[1919th Book1 Division07 Title09 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 657 – 678.

===== [[1919th Book1 Division07 Title09 Chapter02|Chapter II. Special Rules for Deposit of Money.]] =====

* Secs. 679 – 680.

===== [[1919th Book1 Division07 Title09 Chapter03|Chapter III. Special Rules for Innkeepers.]] =====

* Secs. 681 – 686.

==== '''TITLE X. Suretyship.''' ====

===== [[1919th Book1 Division07 Title10 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 687 – 695.

===== [[1919th Book1 Division07 Title10 Chapter02|Chapter II. Effects before Performance.]] =====

* Secs. 696 – 703.

===== [[1919th Book1 Division07 Title10 Chapter03|Chapter III. Effects after Performance.]] =====

* Secs. 704 – 708.

===== [[1919th Book1 Division07 Title10 Chapter04|Chapter IV. Extinction of Suretyship.]] =====

* Secs. 709 – 713.

==== '''TITLE XI. Mortgage.''' ====

===== [[1919th Book1 Division07 Title11 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 714 – 728.

===== [[1919th Book1 Division07 Title11 Chapter02|Chapter II. Extent of Mortgage.]] =====

* Secs. 729 – 735.

===== [[1919th Book1 Division07 Title11 Chapter03|Chapter III. Rights and Duties of the Mortgagee and Mortgagor.]] =====

* Secs. 736 – 742.

===== [[1919th Book1 Division07 Title11 Chapter04|Chapter IV. Enforcement of Mortgage.]] =====

* Secs. 743 – 751.

===== [[1919th Book1 Division07 Title11 Chapter05|Chapter V. Rights and Duties of the Transfee of a Mortgaged Property.]] =====

* Secs. 752 – 763.

===== [[1919th Book1 Division07 Title11 Chapter06|Chapter VI. Extinction of Mortgage.]] =====

* Secs. 764 – 767.

===== [[1919th Book1 Division07 Title11 Chapter07|Chapter VII. Registration.]] =====

* Secs. 768 – 775.

==== '''TITLE XII. Pledge.''' ====

===== [[1919th Book1 Division07 Title12 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 776 – 792.

===== [[1919th Book1 Division07 Title12 Chapter02|Chapter II. Rights and Duties of the Pledgee and Pledgor.]] =====

* Secs. 793 – 800.

===== [[1919th Book1 Division07 Title12 Chapter03|Chapter III. Enforcement of Pledge.]] =====

* Secs. 801 – 809.

===== [[1919th Book1 Division07 Title12 Chapter04|Chapter IV. Extinction of Pledge.]] =====

* Sec. 810.

==== '''TITLE XIII. Warehousing.''' ====

===== [[1919th Book1 Division07 Title13 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 811 – 823.

===== [[1919th Book1 Division07 Title13 Chapter02|Chapter II. Warehouse Receipt and Warrant.]] =====

* Secs. 824 – 843.

==== '''TITLE XIV. Agency.''' ====

===== [[1919th Book1 Division07 Title14 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 844 – 858.

===== [[1919th Book1 Division07 Title14 Chapter02|Chapter II. Duties of the Agent to the Principal.]] =====

* Secs. 859 – 864.

===== [[1919th Book1 Division07 Title14 Chapter03|Chapter III. Duties of the Principal to the Agent.]] =====

* Secs. 865 – 872.

===== [[1919th Book1 Division07 Title14 Chapter04|Chapter IV. Liability of the Principal and Agent to third persons.]] =====

* Secs. 873 – 879.

===== [[1919th Book1 Division07 Title14 Chapter05|Chapter V. Extinction of Agency.]] =====

* Secs. 880 – 889.

===== [[1919th Book1 Division07 Title14 Chapter06|Chapter VI. Subagency.]] =====

* Secs. 890 – 896.

===== [[1919th Book1 Division07 Title14 Chapter07|Chapter VII. Importation Agents.]] =====

* Sec. 897.

==== '''[[1919th Book1 Division07 Title15|TITLE XV. Brokerage.]]''' ====

* Secs. 898 – 906.

==== '''[[1919th Book1 Division07 Title16|TITLE XVI. Compromise.]]''' ====

* Secs. 907 – 912.

===== '''[[1919th Book1 Division07 Title17|TITLE XVII. Gambling and Betting.]]''' =====

* Secs. 913 – 915.

===== '''[[1919th Book1 Division07 Title18|TITLE XVIII. Current Account.]]''' =====

* Secs. 916 – 924.

===== '''[[1919th Book1 Division07 Title19|TITLE XIX. Insurance against Loss.]]''' =====

* Secs. 925 – 938.

===== '''[[1919th Book1 Division07 Title20|TITLE XX. Insurance of Life.]]''' =====

* Secs. 939 – 951.

===== '''TITLE XXI. Bills.''' =====

===== [[1919th Book1 Division07 Title21 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 952 – 963.

===== Chapter II. Bill of Exchange. =====

====== [[1919th Book1 Division07 Title21 Chapter02 Part01|Part I. Drawing of a bill of exchange.]] ======

* Secs. 964 – 977.

====== [[1919th Book1 Division07 Title21 Chapter02 Part02|Part II. Effects of a bill of exchange.]] ======

* Secs. 978 – 981.

====== [[1919th Book1 Division07 Title21 Chapter02 Part03|Part III. Transfer and indorsement.]] ======

* Secs. 982 – 996.

====== Part IV. Acceptance. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 01|1. Acceptance by drawee.]] ======
* Secs. 997 – 1008.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 02|2. Right of recourse in case of non-acceptance.]] ======
* Secs. 1009 – 1027.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 03|3. Acceptance for honour.]] ======
* Secs. 1028 – 1035.

====== [[1919th Book1 Division07 Title21 Chapter02 Part05|Part V. Suretyship.]] ======

* Secs. 1036 – 1041.

====== Part VI. Payment. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 01|1. General provisions.]] ======
* Secs. 1042 – 1054.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 02|2. Right of recourse in case of non-payment.]] ======
* Secs. 1055 – 1073.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 03|3. Payment for honour.]] ======
* Secs. 1074 – 1084.

====== [[1919th Book1 Division07 Title21 Chapter02 Part07|Part VII. Bills of exchange in a set.]] ======

* Secs. 1085 – 1089.

===== [[1919th Book1 Division07 Title21 Chapter03|Chapter III. Promissory Notes.]] =====

* Secs. 1090 – 1098.

===== Chapter IV. Cheques. =====

====== [[1919th Book1 Division07 Title21 Chapter04 Part01|Part I. General provisions.]] ======

* Secs. 1099 – 1110.

====== [[1919th Book1 Division07 Title21 Chapter04 Part02|Part II. Crossed cheques.]] ======

* Secs. 1111 – 1113.

===== [[1919th Book1 Division07 Title21 Chapter05|Chapter V. Prescription.]] =====

* Secs. 1114 – 1115.

===== [[1919th Book1 Division07 Title21 Chapter06|Chapter VI. Forged, Stolen and Lost Bills.]] =====

* Secs. 1116 – 1128.

==== '''TITLE XXII. Partnerships and Companies.''' ====

===== [[1919th Book1 Division07 Title22 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 1129 – 1140.

===== Chapter II. Ordinary Partnerships. =====

====== [[1919th Book1 Division07 Title22 Chapter02 Part01|Part I. Definition.]] ======

* Sec. 1141.

====== [[1919th Book1 Division07 Title22 Chapter02 Part02|Part II. Relations of partners between themselves.]] ======

* Secs. 1142 – 1165.

====== [[1919th Book1 Division07 Title22 Chapter02 Part03|Part III. Relations of partners with third persons.]] ======

* Secs. 1166 – 1171.

====== [[1919th Book1 Division07 Title22 Chapter02 Part04|Part IV. Dissolution and liquidation of ordinary partnerships.]] ======

* Secs. 1172 – 1177.

====== [[1919th Book1 Division07 Title22 Chapter02 Part05|Part V. Registration of ordinary partnerships.]] ======

* Secs. 1178 – 1189.

====== [[1919th Book1 Division07 Title22 Chapter02 Part06|Part VI. Amalgamation of registered partnerships.]] ======

* Secs. 1190 – 1193.

===== [[1919th Book1 Division07 Title22 Chapter03|Chapter III. Limited Partnerships.]] =====

* Secs. 1194 – 1215.

===== Chapter IV. Limited Companies. =====

====== [[1919th Book1 Division07 Title22 Chapter04 Part01|Part I. Nature and formation of limited companies.]] ======

* Secs. 1216 – 1244.

====== [[1919th Book1 Division07 Title22 Chapter04 Part02|Part II. Shares and shareholders.]] ======

* Secs. 1245 – 1274.

====== Part III. Management of limited companies. ======

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 01|1. General.]] ======
* Secs. 1275 – 1280.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 02|2. Directors.]] ======
* Secs. 1281 – 1303.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 03|3. General meetings.]] ======
* Secs. 1304 – 1330.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 04|4. Balance-sheet.]] ======
* Secs. 1331 – 1334.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 05|5. Dividends and interests.]] ======
* Secs. 1335 – 1340.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 06|6. Books and accounts.]] ======
* Secs. 1341 – 1342.

====== [[1919th Book1 Division07 Title22 Chapter04 Part04|Part IV. Audit.]] ======

* Secs. 1343 – 1349.

====== [[1919th Book1 Division07 Title22 Chapter04 Part05|Part V. Inspection.]] ======

* Secs. 1350 – 1354.

====== [[1919th Book1 Division07 Title22 Chapter04 Part06|Part VI. Increases and reductions of capital.]] ======

* Secs. 1355 – 1365.

====== [[1919th Book1 Division07 Title22 Chapter04 Part07|Part VII. Debentures.]] ======

* Secs. 1366 – 1373.

====== [[1919th Book1 Division07 Title22 Chapter04 Part08|Part VIII. Dissolution.]] ======

* Sec. 1374.

====== [[1919th Book1 Division07 Title22 Chapter04 Part09|Part IX. Amalgamation of limited companies.]] ======

* Secs. 1375 – 1380.

====== [[1919th Book1 Division07 Title22 Chapter04 Part10|Part X. Notices.]] ======

* Secs. 1381 – 1382.

===== [[1919th Book1 Division07 Title22 Chapter05|Chapter V. Liquidation of Registered Partnerships, Limited Partnerships and Limited Companies.]] =====

* Secs. 1383 – 1410.

===== [[1919th Book1 Division07 Title22 Chapter06|Chapter VI. Penalties.]] =====

* Secs. 1411 – 1429.

==== '''[[1919th Book1 Division07 Title23|TITLE XXIII. Associations.]]''' ====

* Secs. 1430 – 1463.

== '''BOOK ON CAPACITY OF PERSONS.''' ==

=== '''[[1919th Book2 Preliminary|PRELIMINARY.]]''' ===

* Sec. 1.

=== '''[[1919th Book2 Division01|DIVISION I. Natural Persons.]]''' ===

* Sec. 2.

==== TITLE I. General Provisions. ====

===== [[1919th Book2 Division01 Title01 Chapter01|Chapter I. Age.]] =====

* Secs. 3 – 7.

===== [[1919th Book2 Division01 Title01 Chapter02|Chapter II. Name.]] =====

* Secs. 8 – 18.

===== [[1919th Book2 Division01 Title01 Chapter03|Chapter III. Signature.]] =====

* Secs. 19 – 20.

===== [[1919th Book2 Division01 Title01 Chapter04|Chapter IV. Witness.]] =====

* Secs. 21 – 21.

===== [[1919th Book2 Division01 Title01 Chapter05|Chapter V. Residence.]] =====

* Secs. 22 – 23.

===== [[1919th Book2 Division01 Title01 Chapter06|Chapter VI. Disappearance.]] =====

* Secs. 24 – 37.

==== TITLE II. Incapacitated Persons. ====

===== [[1919th Book2 Division01 Title02 Chapter01|Chapter I. Married Women.]] =====

* Sec. 38.

===== Chapter II. Minors. =====

====== [[1919th Book2 Division01 Title02 Chapter02 01|I. Representation of minors.]] ======

* Secs. 39 – 51.

====== [[1919th Book2 Division01 Title02 Chapter02 02|II. Management of a minor's property by his lawful representative.]] ======

====== [[1919th Book2 Division01 Title02 Chapter02 02#1° Management by parent.|1° Management by parent.]] ======

* Secs. 52 – 67.

====== [[1919th Book2 Division01 Title02 Chapter02 02#2° Management by Guardian.|2° Management by Guardian.]] ======

* Secs. 68 – 73.

====== [[1919th Book2 Division01 Title02 Chapter02 03|III. Acts done by a minor.]] ======

* Secs. 74 – 81.

===== Chapter III. Persons with Unsound Mind. =====

====== [[1919th Book2 Division01 Title02 Chapter03 01|I. Representation of persons with unsound mind.]] ======

* Secs. 82 – 89.

====== [[1919th Book2 Division01 Title02 Chapter03 02|II. Management of the property of a person of unsound mind by his lawful representative.]] ======

* Secs. 90 – 92.

====== [[1919th Book2 Division01 Title02 Chapter03 03|III. Acts done by a person of unsound mind.]] ======

* Secs. 93 – 95.

=== '''DIVISION II. Juristic Persons.''' ===

==== [[1919th Book2 Division02 Title01|TITLE I. General Provisions.]] ====

* Secs. 96 – 103.

==== [[1919th Book2 Division02 Title02|TITLE II. Foundations.]] ====

* Secs. 104 – 120.

== '''BOOK ON THINGS.''' ==

=== '''DIVISION I. General Provisions.''' ===

==== [[1919th Book3 Division01 Title01|TITLE I. Different Kind of Things.]] ====

* Secs. 1 – 10.

==== [[1919th Book3 Division01 Title02|TITLE II. Domain of the State.]] ====

* Secs. 11 – 18.

=== '''DIVISION II. Ownership.''' ===

==== TITLE I. Acquisition of Ownership. ====

===== [[1919th Book3 Division02 Title01 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 19 – 27.

===== [[1919th Book3 Division02 Title01 Chapter02|Chapter II. Acquisition by the Effect of Law.]] =====

* Secs. 28 – 39.

===== [[1919th Book3 Division02 Title01 Chapter03|Chapter III. Acquisition by way of Occupation.]] =====

* Secs. 40 – 45.

===== [[1919th Book3 Division02 Title01 Chapter04|Chapter IV. Acquisition by way of Usucapion.]] =====

* Sec. 46.

===== [[1919th Book3 Division02 Title01 Chapter05|Chapter V. Acquisition by way of Inheritance or by the Effect of Obligations.]] =====

* Sec. 47.

==== [[1919th Book3 Division02 Title02|TITLE II. Extent and Exercise of Ownership.]] ====

* Secs. 48 – 59.

==== [[1919th Book3 Division02 Title03|TITLE III. Joint-Ownership.]] ====

* Secs. 60 – 70.

==== [[1919th Book3 Division02 Title04|TITLE IV. Surrender and Abandonment.]] ====

* Secs. 71 – 72.

==== [[1919th Book3 Division02 Title05|TITLE V. Expropriation.]] ====

* Secs. 73 – 94.

=== '''DIVISION III. Possession.''' ===

==== [[1919th Book3 Division03 Title01|TITLE I. General Provisions.]] ====

* Secs. 95 – 108.

==== [[1919th Book3 Division03 Title02|TITLE II. Usucapion.]] ====

* Secs. 109 – 115.

==== [[1919th Book3 Division03 Title03|TITLE III. Recover of Possession.]] ====

* Secs. 116 – 125.

=== '''DIVISION IV. Servitudes.''' ===

==== [[1919th Book3 Division04 Title01|TITLE I. General Provisions.]] ====

* Secs. 126 – 134.

==== [[1919th Book3 Division04 Title02|TITLE II. Real Servitudes Established by Law.]] ====

* Secs. 135 – 145.

==== [[1919th Book3 Division04 Title03|TITLE III. Real Servitudes Created by Contract or Will.]] ====

* Secs. 146 – 152.

==== TITLE IV. Other Servitudes. ====

===== [[1919th Book3 Division04 Title04 Chapter01|Chapter I. Habitation.]] =====

* Secs. 153 – 161.

===== [[1919th Book3 Division04 Title04 Chapter02|Chapter II. Superficies.]] =====

* Secs. 162 – 167.

===== [[1919th Book3 Division04 Title04 Chapter03|Chapter III. Charges on Land.]] =====

* Sec. 168.

―――〈★ ★ ★〉―――

1919th Main Page

2026-09-05T09:50:32Z

Codesuser: /* Alternative Method for Authentication. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

* The today existing (probably) only copy of its publication is in possession of [https://librarykoha.bu.ac.th/cgi-bin/koha/opac-main.pl '''the main library of Bangkok University''']. The detailed information and images of the original sources are available on [https://openlegaltextbook.ddns.net/Centennial/ the Centennial Website].
* The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the [https://openlegaltextbook.ddns.net/Resources/01_French-Heritage_20190720.pdf "French Advisers' Heritage"].

== '''Authentication Issue of the Copy of the Draft 1919 preserved in the BU Library.''' ==

=== Authentication Issue of the Copy. ===

* The only existing source of the text of the Draft 1919 is, as described above, its copy preserved in '''the main library of Bangkok University''', which is a part of the “'''Phya Manava Rajsevi Library'''”. All the publications and other documents in this library were donated by พระยามานวราชเสวี himself. In this sense, there is no doubt about the fact that they all are authentic.

=== No Direct Evidence in the Archives. ===

* From the side of the “[https://www.krisdika.go.th/home Council of State]”, however, there is no confirmation for this authentication issue. Unfortunately, the '''[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 Archives of the History of Thai Codification]''' contain no copy of the published Draft 1919.
* Indeed, the Archives contain ''diverse versions of Thai translation'' of the "'''Book I on Obligations"''' as described in the next section below, but not its original draft in English language.
* As of this moment, the original text has been identified only for the "'''Book II on Capacity of Persons'''" in the '''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163429 Vol.37, 37/194 — 252].'''

=== Alternative Method for Authentication. ===

* Fortunately, there is another method to authenticate the Copy of the "Book I on Obligations" as follows:
⇒ Please, refer to [[1919th Authentication#Alternative Method to Authenticate the Copy of the Draft 1919|the Special Page]] 》

== '''Prehistory and Thai translation of the Draft.''' ==
* The "[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 Archives of the History of Thai Codification]" contain diverse important historical documents regarding the prehistory and Thai translation of the Draft "Civil and Commercial Code for the Kingdom of Siam".
⇒ Please, refer to [[1919th Prehistory|the Special Page]] 》

== '''BOOK ON OBLIGATIONS.''' ==

=== '''PRELIMINARY.''' ===

==== [[1919th Book1 Preliminary Title01|TITLE I. Title, Commencement and Repeal.]] ====

* Secs. 1 – 3.

==== [[1919th Book1 Preliminary Title02|TITLE II. Definitions.]] ====

* Secs. 4 – 10.

==== [[1919th Book1 Preliminary Title03|TITLE III. General Provisions.]] ====

* Secs. 11 – 23.

==== [[1919th Book1 Preliminary Title04|TITLE IV. Rules for construction of documents.]] ====

* Secs. 24 – 30.

==== [[1919th Book1 Preliminary Title05|TITLE V. Periods of time.]] ====

* Secs. 31 – 39.

=== '''DIVISION I. HOW OBLIGATIONS ARISE.''' ===

==== TITLE I. Contracts. ====

===== [[1919th Book1 Division01 Title01 Chapter01|Chapter I. Definition.]] =====

* Sec. 40.

===== [[1919th Book1 Division01 Title01 Chapter02|Chapter II. Conditions for the validity of Contracts.]] =====

* Secs. 41 – 48.

====== [[1919th Book1 Division01 Title01 Chapter02 Part01|Part I. Capacity of Parties.]] ======

* Sec. 49.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02|Part II. Consent.]] ======

* Secs. 50 – 51.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 01|1. Offer and Acceptance.]] ======
* Secs. 52 – 67.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 02|2. Defective Consent.]] ======
* Secs. 68 – 79.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 03|3. Ratification.]] ======
* Secs. 80 – 84.

====== [[1919th Book1 Division01 Title01 Chapter02 Part03|Part III. Object.]] ======
* Secs. 85 – 87.

==== [[1919th Book1 Division01 Title02|TITLE II. Management of affairs without a mandate.]] ====

* Secs. 88 – 104.

==== TITLE III. Undue Enrichment. ====

===== [[1919th Book1 Division01 Title03 Chapter01|Chapter I. Liability for undue enrichment.]] =====

* Secs. 105 – 108.

===== [[1919th Book1 Division01 Title03 Chapter02|Chapter II. Restitution for undue enrichment.]] =====

* Secs. 109 – 119.

==== TITLE IV. Wrongful Acts. ====

====== [[1919th Book1 Division01 Title04 Chapter01|Chapter I. Liability for Wrongful Acts.]] ======

* Secs. 120 – 126.

====== [[1919th Book1 Division01 Title04 Chapter02|Chapter II. Self-Help.]] ======

* Secs. 127 – 129.

====== [[1919th Book1 Division01 Title04 Chapter03|Chapter III. Lawful defence, lawful command, necessity.]] ======

* Secs. 130 – 131.

====== [[1919th Book1 Division01 Title04 Chapter04|Chapter IV. Compensation for wrongful acts.]] ======

* Secs. 132 – 137.

=== '''DIVISION II. OF SOME PARTICULAR KINDS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division02 Title01|TITLE I. Conditional Obligations.]] ====

* Secs. 138 – 142.

==== [[1919th Book1 Division02 Title02|TITLE II. Obligations subject to a time clause.]] ====

* Secs. 143 – 146.

==== [[1919th Book1 Division02 Title03|TITLE III. Alternative Obligations.]] ====

* Secs. 147 – 153.

==== TITLE IV. Plurality of creditors and debtors. ====

===== [[1919th Book1 Division02 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 154 – 158.

===== Chapter II. Joint Obligations. =====

====== [[1919th Book1 Division02 Title04 Chapter02 Part01|Part I. General Provisions.]] ======
* Secs. 159 – 162.

====== [[1919th Book1 Division02 Title04 Chapter02 Part02|Part II. Joint Creditors.]] ======
* Secs. 163 – 177.

====== Part III. Joint Debtors. ======

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 01|1. Relations between Joint Debtors and the Creditor.]] ======
* Secs. 178 – 191.

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 02|2. Relations between Joint Debtors.]] ======
* Secs. 192 – 197.

===== [[1919th Book1 Division02 Title04 Chapter03|Chapter III. Indivisible Obligations.]] =====

* Secs. 198 – 199.

=== '''DIVISION III. TRANSFER OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division03 Title01|TITLE I. General Provisions.]] ====
* Secs. 200 – 204.

==== [[1919th Book1 Division03 Title02|TITLE II. Transfer of Rights.]] ====
* Secs. 205 – 213.

==== [[1919th Book1 Division03 Title03|TITLE III. Transfer of Liabilities.]] ====
* Secs. 214 – 217.

=== '''DIVISION IV. EFFECTS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division04 Title01|TITLE I. General Provisions.]] ====
* Secs. 218 – 221.

==== [[1919th Book1 Division04 Title02|TITLE II. Rights of the Creditor.]] ====
* Sec. 222.

===== Chapter I. Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter01 Part01|Part I. Who may perform.]] ======
* Secs. 223 – 224.

====== [[1919th Book1 Division04 Title02 Chapter01 Part02|Part II. Who is entitled to receive.]] ======
* Secs. 225 – 229.

====== [[1919th Book1 Division04 Title02 Chapter01 Part03|Part III. What may performance consist of.]] ======
* Secs. 230 – 245.

====== [[1919th Book1 Division04 Title02 Chapter01 Part04|Part IV. Place of performance.]] ======
* Secs. 246 – 247.

====== [[1919th Book1 Division04 Title02 Chapter01 Part05|Part V. Time of performance.]] ======
* Secs. 248 – 250.

====== [[1919th Book1 Division04 Title02 Chapter01 Part06|Part VI. Appropriation.]] ======
* Secs. 251 – 256.

===== Chapter II. Non-Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter02 Part01|Part I. Default of the debtor.]] ======
* Secs. 257 – 261.

====== [[1919th Book1 Division04 Title02 Chapter02 Part02|Part II. Remedies of the creditor.]] ======
* Secs. 262 – 264.

====== [[1919th Book1 Division04 Title02 Chapter02 Part03|Part III. Specific performance.]] ======
* Secs. 265 – 269.

====== [[1919th Book1 Division04 Title02 Chapter02 Part04|Part IV. Compensation.]] ======
* Secs. 270 – 272.

====== [[1919th Book1 Division04 Title02 Chapter02 Part05|Part V. Assessment of compensation for non-performance.]] ======
* Secs. 273 – 278.

====== [[1919th Book1 Division04 Title02 Chapter02 Part06|Part VI. Penalty clause and earnest money.]] ======
* Secs. 279 – 287.

==== TITLE III. Rights of the Debtor. ====

===== [[1919th Book1 Division04 Title03 Chapter01|Chapter I. Default of the creditor.]] =====
* Secs. 288 – 294.

===== [[1919th Book1 Division04 Title03 Chapter02|Chapter II. Deposit in lieu of performance.]] =====
* Secs. 295 – 305.

=== '''DIVISION V. RIGHTS OF THE CREDITOR OVER THE PROPERTY OF THE DEBTOR.''' ===

==== TITLE I. Respective Rights of the Ordinary and Preferred Creditors. ====

===== [[1919th Book1 Division05 Title01 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 306 – 313.

===== [[1919th Book1 Division05 Title01 Chapter02|Chapter II. Special Preferential Rights.]] =====
* Secs. 314 – 329.

===== [[1919th Book1 Division05 Title01 Chapter03|Chapter III. General Preferential Rights.]] =====
* Secs. 330 – 332.

===== [[1919th Book1 Division05 Title01 Chapter04|Chapter IV. Rank and Effects of Preferential Rights.]] =====
* Secs. 333 – 337.

==== [[1919th Book1 Division05 Title02|TITLE II. Rights of the Creditor to Exercise the Debtor's Rights of Action.]] ====
* Secs. 338 – 342.

==== [[1919th Book1 Division05 Title03|TITLE III. Rights of the Creditor to Cancellation of the Acts Made in Fraud of His Own Rights.]] ====
* Secs. 343 – 349.

=== '''DIVISION VI. EXTINCTION OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division06 Title01|TITLE I. Performance.]] ====
* Sec. 350.

==== [[1919th Book1 Division06 Title02|TITLE II. Release.]] ====
* Sec. 351.

==== [[1919th Book1 Division06 Title03|TITLE III. Set Off.]] ====
* Secs. 352 – 358.

==== [[1919th Book1 Division06 Title04|TITLE IV. Merger.]] ====
* Sec. 359.

==== TITLE V. Prescription. ====

===== [[1919th Book1 Division06 Title05 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 360 – 382.

===== [[1919th Book1 Division06 Title05 Chapter02|Chapter II. Periods of Prescription.]] =====
* Secs. 383 – 387.

=== '''DIVISION VII. SPECIFIC CONTRACTS.''' ===

==== '''TITLE I. Sale.''' ====

===== Chapter I. Nature and Essentials of the Contract of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter01 Part01|Part I. General Provisions.]] ======

* Secs. 388 – 392.

====== [[1919th Book1 Division07 Title01 Chapter01 Part02|Part II. Transfer of Ownership.]] ======

* Secs. 393 – 395.

====== [[1919th Book1 Division07 Title01 Chapter01 Part03|Part III. Promise of Sale.]] ======

* Secs. 396 – 398.

===== Chapter II. Duties and Liabilities of the Seller. =====

====== [[1919th Book1 Division07 Title01 Chapter02 Part01|Part I. Delivery.]] ======

* Secs. 399 – 407.

====== [[1919th Book1 Division07 Title01 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 408 – 411.

====== [[1919th Book1 Division07 Title01 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 412 – 422.

====== [[1919th Book1 Division07 Title01 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Secs. 423 – 425.

===== [[1919th Book1 Division07 Title01 Chapter03|Chapter III. Duty of the Buyer.]] =====

* Secs. 426 – 428.

===== Chapter IV. Of Some Particular Kinds of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter04 Part01|Part I. Sale with right of redemption.]] ======

* Secs. 429 – 441.

====== [[1919th Book1 Division07 Title01 Chapter04 Part02|Part II. Sale by sample. Sale on approval.]] ======

* Secs. 442 – 447.

====== [[1919th Book1 Division07 Title01 Chapter04 Part03|Part III. Sale by number, quantity, weight or measure.]] ======

* Secs. 448 – 452.

====== [[1919th Book1 Division07 Title01 Chapter04 Part04|Part IV. Sale by auction.]] ======

* Secs. 453 – 461.

==== '''[[1919th Book1 Division07 Title02|TITLE II. Exchange.]]''' ====

* Secs. 462 – 464.

==== '''[[1919th Book1 Division07 Title03|TITLE III. Gift.]]''' ====

* Secs. 465 – 486.

==== '''TITLE IV. Hire of Property.''' ====

===== [[1919th Book1 Division07 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 487 – 495.

===== Chapter II. Duties and Liabilities of the Lessor. =====

====== [[1919th Book1 Division07 Title04 Chapter02 Part01|Part I. Delivery and repair.]] ======

* Secs. 496 – 500.

====== [[1919th Book1 Division07 Title04 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 501 – 505.

====== [[1919th Book1 Division07 Title04 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 506 – 515.

====== [[1919th Book1 Division07 Title04 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Sec. 516.

===== [[1919th Book1 Division07 Title04 Chapter03|Chapter III. Duties and Liabilities of the Lessee.]] =====

* Secs. 517 – 533.

===== [[1919th Book1 Division07 Title04 Chapter04|Chapter IV. Extinction of the Lease.]] =====

* Secs. 534 – 543.

===== [[1919th Book1 Division07 Title04 Chapter05|Chapter V. Transfer of Lease and Sublease.]] =====

* Secs. 544 – 546.

==== '''[[1919th Book1 Division07 Title05|TITLE V. Hire of Services.]]''' ====

* Secs. 547 – 559.

==== '''[[1919th Book1 Division07 Title06|TITLE VI. Hire of Work.]]''' ====

* Secs. 560 – 586.

==== '''[[1919th Book1 Division07 Title07|TITLE VII. Carriage.]]''' ====
Secs. 587 – 588.

===== Chapter I. Carriage of Goods. =====

====== [[1919th Book1 Division07 Title07 Chapter01 Part01|Part I. General.]] ======

* Secs. 589 – 593.

====== [[1919th Book1 Division07 Title07 Chapter01 Part02|Part II. Duties and liabilities of the carrier.]] ======

* Secs. 594 – 608.

====== [[1919th Book1 Division07 Title07 Chapter01 Part03|Part III. Rights and duties of the sender and the consignee.]] ======

* Secs. 609 – 622.

===== [[1919th Book1 Division07 Title07 Chapter02|Chapter II. Carriage of Passengers.]] =====

* Secs. 623 – 628.

==== '''TITLE VIII. Loan.''' ====

===== [[1919th Book1 Division07 Title08 Chapter01|Chapter I. Loan for Use.]] =====

* Secs. 629 – 647.

===== Chapter II. Loan for Consumption. =====

====== [[1919th Book1 Division07 Title08 Chapter02 Part01|Part I. General Provisions.]] ======

* Secs. 648 – 652.

====== [[1919th Book1 Division07 Title08 Chapter02 Part02|Part II. Special rules for loan of money.]] ======

* Secs. 653 – 656.

==== '''TITLE IX. Deposit.''' ====

===== [[1919th Book1 Division07 Title09 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 657 – 678.

===== [[1919th Book1 Division07 Title09 Chapter02|Chapter II. Special Rules for Deposit of Money.]] =====

* Secs. 679 – 680.

===== [[1919th Book1 Division07 Title09 Chapter03|Chapter III. Special Rules for Innkeepers.]] =====

* Secs. 681 – 686.

==== '''TITLE X. Suretyship.''' ====

===== [[1919th Book1 Division07 Title10 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 687 – 695.

===== [[1919th Book1 Division07 Title10 Chapter02|Chapter II. Effects before Performance.]] =====

* Secs. 696 – 703.

===== [[1919th Book1 Division07 Title10 Chapter03|Chapter III. Effects after Performance.]] =====

* Secs. 704 – 708.

===== [[1919th Book1 Division07 Title10 Chapter04|Chapter IV. Extinction of Suretyship.]] =====

* Secs. 709 – 713.

==== '''TITLE XI. Mortgage.''' ====

===== [[1919th Book1 Division07 Title11 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 714 – 728.

===== [[1919th Book1 Division07 Title11 Chapter02|Chapter II. Extent of Mortgage.]] =====

* Secs. 729 – 735.

===== [[1919th Book1 Division07 Title11 Chapter03|Chapter III. Rights and Duties of the Mortgagee and Mortgagor.]] =====

* Secs. 736 – 742.

===== [[1919th Book1 Division07 Title11 Chapter04|Chapter IV. Enforcement of Mortgage.]] =====

* Secs. 743 – 751.

===== [[1919th Book1 Division07 Title11 Chapter05|Chapter V. Rights and Duties of the Transfee of a Mortgaged Property.]] =====

* Secs. 752 – 763.

===== [[1919th Book1 Division07 Title11 Chapter06|Chapter VI. Extinction of Mortgage.]] =====

* Secs. 764 – 767.

===== [[1919th Book1 Division07 Title11 Chapter07|Chapter VII. Registration.]] =====

* Secs. 768 – 775.

==== '''TITLE XII. Pledge.''' ====

===== [[1919th Book1 Division07 Title12 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 776 – 792.

===== [[1919th Book1 Division07 Title12 Chapter02|Chapter II. Rights and Duties of the Pledgee and Pledgor.]] =====

* Secs. 793 – 800.

===== [[1919th Book1 Division07 Title12 Chapter03|Chapter III. Enforcement of Pledge.]] =====

* Secs. 801 – 809.

===== [[1919th Book1 Division07 Title12 Chapter04|Chapter IV. Extinction of Pledge.]] =====

* Sec. 810.

==== '''TITLE XIII. Warehousing.''' ====

===== [[1919th Book1 Division07 Title13 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 811 – 823.

===== [[1919th Book1 Division07 Title13 Chapter02|Chapter II. Warehouse Receipt and Warrant.]] =====

* Secs. 824 – 843.

==== '''TITLE XIV. Agency.''' ====

===== [[1919th Book1 Division07 Title14 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 844 – 858.

===== [[1919th Book1 Division07 Title14 Chapter02|Chapter II. Duties of the Agent to the Principal.]] =====

* Secs. 859 – 864.

===== [[1919th Book1 Division07 Title14 Chapter03|Chapter III. Duties of the Principal to the Agent.]] =====

* Secs. 865 – 872.

===== [[1919th Book1 Division07 Title14 Chapter04|Chapter IV. Liability of the Principal and Agent to third persons.]] =====

* Secs. 873 – 879.

===== [[1919th Book1 Division07 Title14 Chapter05|Chapter V. Extinction of Agency.]] =====

* Secs. 880 – 889.

===== [[1919th Book1 Division07 Title14 Chapter06|Chapter VI. Subagency.]] =====

* Secs. 890 – 896.

===== [[1919th Book1 Division07 Title14 Chapter07|Chapter VII. Importation Agents.]] =====

* Sec. 897.

==== '''[[1919th Book1 Division07 Title15|TITLE XV. Brokerage.]]''' ====

* Secs. 898 – 906.

==== '''[[1919th Book1 Division07 Title16|TITLE XVI. Compromise.]]''' ====

* Secs. 907 – 912.

===== '''[[1919th Book1 Division07 Title17|TITLE XVII. Gambling and Betting.]]''' =====

* Secs. 913 – 915.

===== '''[[1919th Book1 Division07 Title18|TITLE XVIII. Current Account.]]''' =====

* Secs. 916 – 924.

===== '''[[1919th Book1 Division07 Title19|TITLE XIX. Insurance against Loss.]]''' =====

* Secs. 925 – 938.

===== '''[[1919th Book1 Division07 Title20|TITLE XX. Insurance of Life.]]''' =====

* Secs. 939 – 951.

===== '''TITLE XXI. Bills.''' =====

===== [[1919th Book1 Division07 Title21 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 952 – 963.

===== Chapter II. Bill of Exchange. =====

====== [[1919th Book1 Division07 Title21 Chapter02 Part01|Part I. Drawing of a bill of exchange.]] ======

* Secs. 964 – 977.

====== [[1919th Book1 Division07 Title21 Chapter02 Part02|Part II. Effects of a bill of exchange.]] ======

* Secs. 978 – 981.

====== [[1919th Book1 Division07 Title21 Chapter02 Part03|Part III. Transfer and indorsement.]] ======

* Secs. 982 – 996.

====== Part IV. Acceptance. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 01|1. Acceptance by drawee.]] ======
* Secs. 997 – 1008.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 02|2. Right of recourse in case of non-acceptance.]] ======
* Secs. 1009 – 1027.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 03|3. Acceptance for honour.]] ======
* Secs. 1028 – 1035.

====== [[1919th Book1 Division07 Title21 Chapter02 Part05|Part V. Suretyship.]] ======

* Secs. 1036 – 1041.

====== Part VI. Payment. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 01|1. General provisions.]] ======
* Secs. 1042 – 1054.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 02|2. Right of recourse in case of non-payment.]] ======
* Secs. 1055 – 1073.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 03|3. Payment for honour.]] ======
* Secs. 1074 – 1084.

====== [[1919th Book1 Division07 Title21 Chapter02 Part07|Part VII. Bills of exchange in a set.]] ======

* Secs. 1085 – 1089.

===== [[1919th Book1 Division07 Title21 Chapter03|Chapter III. Promissory Notes.]] =====

* Secs. 1090 – 1098.

===== Chapter IV. Cheques. =====

====== [[1919th Book1 Division07 Title21 Chapter04 Part01|Part I. General provisions.]] ======

* Secs. 1099 – 1110.

====== [[1919th Book1 Division07 Title21 Chapter04 Part02|Part II. Crossed cheques.]] ======

* Secs. 1111 – 1113.

===== [[1919th Book1 Division07 Title21 Chapter05|Chapter V. Prescription.]] =====

* Secs. 1114 – 1115.

===== [[1919th Book1 Division07 Title21 Chapter06|Chapter VI. Forged, Stolen and Lost Bills.]] =====

* Secs. 1116 – 1128.

==== '''TITLE XXII. Partnerships and Companies.''' ====

===== [[1919th Book1 Division07 Title22 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 1129 – 1140.

===== Chapter II. Ordinary Partnerships. =====

====== [[1919th Book1 Division07 Title22 Chapter02 Part01|Part I. Definition.]] ======

* Sec. 1141.

====== [[1919th Book1 Division07 Title22 Chapter02 Part02|Part II. Relations of partners between themselves.]] ======

* Secs. 1142 – 1165.

====== [[1919th Book1 Division07 Title22 Chapter02 Part03|Part III. Relations of partners with third persons.]] ======

* Secs. 1166 – 1171.

====== [[1919th Book1 Division07 Title22 Chapter02 Part04|Part IV. Dissolution and liquidation of ordinary partnerships.]] ======

* Secs. 1172 – 1177.

====== [[1919th Book1 Division07 Title22 Chapter02 Part05|Part V. Registration of ordinary partnerships.]] ======

* Secs. 1178 – 1189.

====== [[1919th Book1 Division07 Title22 Chapter02 Part06|Part VI. Amalgamation of registered partnerships.]] ======

* Secs. 1190 – 1193.

===== [[1919th Book1 Division07 Title22 Chapter03|Chapter III. Limited Partnerships.]] =====

* Secs. 1194 – 1215.

===== Chapter IV. Limited Companies. =====

====== [[1919th Book1 Division07 Title22 Chapter04 Part01|Part I. Nature and formation of limited companies.]] ======

* Secs. 1216 – 1244.

====== [[1919th Book1 Division07 Title22 Chapter04 Part02|Part II. Shares and shareholders.]] ======

* Secs. 1245 – 1274.

====== Part III. Management of limited companies. ======

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 01|1. General.]] ======
* Secs. 1275 – 1280.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 02|2. Directors.]] ======
* Secs. 1281 – 1303.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 03|3. General meetings.]] ======
* Secs. 1304 – 1330.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 04|4. Balance-sheet.]] ======
* Secs. 1331 – 1334.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 05|5. Dividends and interests.]] ======
* Secs. 1335 – 1340.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 06|6. Books and accounts.]] ======
* Secs. 1341 – 1342.

====== [[1919th Book1 Division07 Title22 Chapter04 Part04|Part IV. Audit.]] ======

* Secs. 1343 – 1349.

====== [[1919th Book1 Division07 Title22 Chapter04 Part05|Part V. Inspection.]] ======

* Secs. 1350 – 1354.

====== [[1919th Book1 Division07 Title22 Chapter04 Part06|Part VI. Increases and reductions of capital.]] ======

* Secs. 1355 – 1365.

====== [[1919th Book1 Division07 Title22 Chapter04 Part07|Part VII. Debentures.]] ======

* Secs. 1366 – 1373.

====== [[1919th Book1 Division07 Title22 Chapter04 Part08|Part VIII. Dissolution.]] ======

* Sec. 1374.

====== [[1919th Book1 Division07 Title22 Chapter04 Part09|Part IX. Amalgamation of limited companies.]] ======

* Secs. 1375 – 1380.

====== [[1919th Book1 Division07 Title22 Chapter04 Part10|Part X. Notices.]] ======

* Secs. 1381 – 1382.

===== [[1919th Book1 Division07 Title22 Chapter05|Chapter V. Liquidation of Registered Partnerships, Limited Partnerships and Limited Companies.]] =====

* Secs. 1383 – 1410.

===== [[1919th Book1 Division07 Title22 Chapter06|Chapter VI. Penalties.]] =====

* Secs. 1411 – 1429.

==== '''[[1919th Book1 Division07 Title23|TITLE XXIII. Associations.]]''' ====

* Secs. 1430 – 1463.

== '''BOOK ON CAPACITY OF PERSONS.''' ==

=== '''[[1919th Book2 Preliminary|PRELIMINARY.]]''' ===

* Sec. 1.

=== '''[[1919th Book2 Division01|DIVISION I. Natural Persons.]]''' ===

* Sec. 2.

==== TITLE I. General Provisions. ====

===== [[1919th Book2 Division01 Title01 Chapter01|Chapter I. Age.]] =====

* Secs. 3 – 7.

===== [[1919th Book2 Division01 Title01 Chapter02|Chapter II. Name.]] =====

* Secs. 8 – 18.

===== [[1919th Book2 Division01 Title01 Chapter03|Chapter III. Signature.]] =====

* Secs. 19 – 20.

===== [[1919th Book2 Division01 Title01 Chapter04|Chapter IV. Witness.]] =====

* Secs. 21 – 21.

===== [[1919th Book2 Division01 Title01 Chapter05|Chapter V. Residence.]] =====

* Secs. 22 – 23.

===== [[1919th Book2 Division01 Title01 Chapter06|Chapter VI. Disappearance.]] =====

* Secs. 24 – 37.

==== TITLE II. Incapacitated Persons. ====

===== [[1919th Book2 Division01 Title02 Chapter01|Chapter I. Married Women.]] =====

* Sec. 38.

===== Chapter II. Minors. =====

====== [[1919th Book2 Division01 Title02 Chapter02 01|I. Representation of minors.]] ======

* Secs. 39 – 51.

====== [[1919th Book2 Division01 Title02 Chapter02 02|II. Management of a minor's property by his lawful representative.]] ======

====== [[1919th Book2 Division01 Title02 Chapter02 02#1° Management by parent.|1° Management by parent.]] ======

* Secs. 52 – 67.

====== [[1919th Book2 Division01 Title02 Chapter02 02#2° Management by Guardian.|2° Management by Guardian.]] ======

* Secs. 68 – 73.

====== [[1919th Book2 Division01 Title02 Chapter02 03|III. Acts done by a minor.]] ======

* Secs. 74 – 81.

===== Chapter III. Persons with Unsound Mind. =====

====== [[1919th Book2 Division01 Title02 Chapter03 01|I. Representation of persons with unsound mind.]] ======

* Secs. 82 – 89.

====== [[1919th Book2 Division01 Title02 Chapter03 02|II. Management of the property of a person of unsound mind by his lawful representative.]] ======

* Secs. 90 – 92.

====== [[1919th Book2 Division01 Title02 Chapter03 03|III. Acts done by a person of unsound mind.]] ======

* Secs. 93 – 95.

=== '''DIVISION II. Juristic Persons.''' ===

==== [[1919th Book2 Division02 Title01|TITLE I. General Provisions.]] ====

* Secs. 96 – 103.

==== [[1919th Book2 Division02 Title02|TITLE II. Foundations.]] ====

* Secs. 104 – 120.

== '''BOOK ON THINGS.''' ==

=== '''DIVISION I. General Provisions.''' ===

==== [[1919th Book3 Division01 Title01|TITLE I. Different Kind of Things.]] ====

* Secs. 1 – 10.

==== [[1919th Book3 Division01 Title02|TITLE II. Domain of the State.]] ====

* Secs. 11 – 18.

=== '''DIVISION II. Ownership.''' ===

==== TITLE I. Acquisition of Ownership. ====

===== [[1919th Book3 Division02 Title01 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 19 – 27.

===== [[1919th Book3 Division02 Title01 Chapter02|Chapter II. Acquisition by the Effect of Law.]] =====

* Secs. 28 – 39.

===== [[1919th Book3 Division02 Title01 Chapter03|Chapter III. Acquisition by way of Occupation.]] =====

* Secs. 40 – 45.

===== [[1919th Book3 Division02 Title01 Chapter04|Chapter IV. Acquisition by way of Usucapion.]] =====

* Sec. 46.

===== [[1919th Book3 Division02 Title01 Chapter05|Chapter V. Acquisition by way of Inheritance or by the Effect of Obligations.]] =====

* Sec. 47.

==== [[1919th Book3 Division02 Title02|TITLE II. Extent and Exercise of Ownership.]] ====

* Secs. 48 – 59.

==== [[1919th Book3 Division02 Title03|TITLE III. Joint-Ownership.]] ====

* Secs. 60 – 70.

==== [[1919th Book3 Division02 Title04|TITLE IV. Surrender and Abandonment.]] ====

* Secs. 71 – 72.

==== [[1919th Book3 Division02 Title05|TITLE V. Expropriation.]] ====

* Secs. 73 – 94.

=== '''DIVISION III. Possession.''' ===

==== [[1919th Book3 Division03 Title01|TITLE I. General Provisions.]] ====

* Secs. 95 – 108.

==== [[1919th Book3 Division03 Title02|TITLE II. Usucapion.]] ====

* Secs. 109 – 115.

==== [[1919th Book3 Division03 Title03|TITLE III. Recover of Possession.]] ====

* Secs. 116 – 125.

=== '''DIVISION IV. Servitudes.''' ===

==== [[1919th Book3 Division04 Title01|TITLE I. General Provisions.]] ====

* Secs. 126 – 134.

==== [[1919th Book3 Division04 Title02|TITLE II. Real Servitudes Established by Law.]] ====

* Secs. 135 – 145.

==== [[1919th Book3 Division04 Title03|TITLE III. Real Servitudes Created by Contract or Will.]] ====

* Secs. 146 – 152.

==== TITLE IV. Other Servitudes. ====

===== [[1919th Book3 Division04 Title04 Chapter01|Chapter I. Habitation.]] =====

* Secs. 153 – 161.

===== [[1919th Book3 Division04 Title04 Chapter02|Chapter II. Superficies.]] =====

* Secs. 162 – 167.

===== [[1919th Book3 Division04 Title04 Chapter03|Chapter III. Charges on Land.]] =====

* Sec. 168.

―――〈★ ★ ★〉―――

1919th Authentication

2026-09-03T09:40:43Z

Codesuser:

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. ''Guyon''.''' ===

==== '''B-1. Overview.''' ====
* Just such a document could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It was a report submitted to the "Commission of Codification" and collected under the heading:
** "'''III. Decision to separately promulgate the Books I and II (October 1921 – December 1922) and appointment by the King of a Revising Committee (June 1922''')".
* It has the following title and other attributes:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Dated: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* The heading "Decision to separately promulgate the Books I and II …" suggests that ''this report was submitted during the period where the Draft "Book on Obligations" had been already divided into "Book I" and "Book II"'', and it has just ''decided to further separate the "Division VII. Specific Contracts" from the Book II as a new "Book III".'' The revising work of the "Book III" was still in process and could take a considerable time. Under such circumstances, the Committee of Codification presumably ''decided to promulgate only the Book I and II in advance''. But, this Draft covered only Secs. 1 to 387, the sections on "Capacity of Persons" and "Juristic Persons" were not integrated yet.
* Before the scheduled promulgation of the Books I and II, the French commissioners summarized all the alterations and improvements to the original text of the Draft 1919. This is the contents of the report. Its original text including ANNEXs I and II is as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P171-215.pdf The Letter and the Report of 19. October 1921.] 》

==== '''B-2. Comparison for Authentication.''' ====
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries; 6 entries of them were not documented in our copy yet. In this way, the result of the comparison is quite positive for the authentication of the copy of the Draft 1919 as described below in '''[[1919th Authentication#C-3. Entries:|C-3. Entries]]'''. Its PDF version is also available as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_authentication.pdf The Comparison Result for Authentication in PDF.] 》

==== '''B-3. Epilogue: Postponement of the Promulgation.''' ====
* The circumstances of the report suggest that ''our copy of the Draft 1919 show its actual state shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.
* According to another document "'''Note to be communicated to the newspapers at the time when the civil and commercial code will be promulgated'''" dated March 1922 ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P249.pdf Vol.35, P. 35/249]), the promulgation of the Books I and II was scheduled to 1st April 1922 (วันที่ 1 เมษายน 2465), they should be then put into effect on 1st April 1923 (วันที่ 1 เมษายน 2466). On 21st March 1922, Mr. ''Guyon'' submitted ''the Thai translation of the Books I and II'' to the President of the Commission of Codification, ''Chao Phrya Abhai Raja (เจ้าะระยาอภัยราชา)''.
* However, the scheduled promulgation was delayed. On 16th June 1922, ''Chao Phrya Abhai Raja'' wrote to Mr. ''Guyon;'' "[King] had once more gone through the Draft Preamble and the translation of the 387 sections of the Civil and Commercial Code which are to be promulgated and deemed that ''the wording and the translation are not quite perfect'' (ข้อความและคำแปลยังไม่สู้บริบูรญ์เรียบร้อยดี) …". The scheduled promulgation was suspended. Instead, the King appointed a new "Revising Committee" ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P250-255.pdf Vol.35, P.35/250-255]).
* In the course of the newly started revising work, on 16th October 1922, the Commission of Codification decided to integrate the sections on "Capacity of Persons" and "Juristic Persons" into the Book I ([https://openlegaltextbook.ddns.net/Codes/archives/vol036/Vol036_P075-077.pdf Vol.36, P.36/075-077]). As a result, the volume of the Book I increased from 39 to 105 sections, and the sections of the Book II were renumbered from the range of 40 – 387 to 106 – 452.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C-1. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C-2. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C-3. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Main Page

2026-09-03T09:34:28Z

Codesuser:

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

* The today existing (probably) only copy of its publication is in possession of [https://librarykoha.bu.ac.th/cgi-bin/koha/opac-main.pl '''the main library of Bangkok University''']. The detailed information and images of the original sources are available on [https://openlegaltextbook.ddns.net/Centennial/ the Centennial Website].
* The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the [https://openlegaltextbook.ddns.net/Resources/01_French-Heritage_20190720.pdf "French Advisers' Heritage"].

== '''Authentication Issue of the Copy of the Draft 1919 preserved in the BU Library.''' ==

=== Authentication Issue of the Copy. ===

* The only existing source of the text of the Draft 1919 is, as described above, its copy preserved in '''the main library of Bangkok University''', which is a part of the “'''Phya Manava Rajsevi Library'''”. All the publications and other documents in this library were donated by พระยามานวราชเสวี himself. In this sense, there is no doubt about the fact that they all are authentic.

=== No Direct Evidence in the Archives. ===

* From the side of the “[https://www.krisdika.go.th/home Council of State]”, however, there is no confirmation for this authentication issue. Unfortunately, the '''[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 Archives of the History of Thai Codification]''' contain no copy of the published Draft 1919.
* Indeed, the Archives contain ''diverse versions of Thai translation'' of the "'''Book I on Obligations"''' as described in the next section below, but not its original draft in English language.
* As of this moment, the original text has been identified only for the "'''Book II on Capacity of Persons'''" in the '''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163429 Vol.37, 37/194 — 252].'''

=== Alternative Method for Authentication. ===

* Fortunately, there is another method to authenticate the Copy of the "Book I on Obligations" as follows:
⇒ Please, refer to [[1919th Authentication|the Special Page]] 》

== '''Prehistory and Thai translation of the Draft.''' ==
* The "[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 Archives of the History of Thai Codification]" contain diverse important historical documents regarding the prehistory and Thai translation of the Draft "Civil and Commercial Code for the Kingdom of Siam".
⇒ Please, refer to [[1919th Prehistory|the Special Page]] 》

== '''BOOK ON OBLIGATIONS.''' ==

=== '''PRELIMINARY.''' ===

==== [[1919th Book1 Preliminary Title01|TITLE I. Title, Commencement and Repeal.]] ====

* Secs. 1 – 3.

==== [[1919th Book1 Preliminary Title02|TITLE II. Definitions.]] ====

* Secs. 4 – 10.

==== [[1919th Book1 Preliminary Title03|TITLE III. General Provisions.]] ====

* Secs. 11 – 23.

==== [[1919th Book1 Preliminary Title04|TITLE IV. Rules for construction of documents.]] ====

* Secs. 24 – 30.

==== [[1919th Book1 Preliminary Title05|TITLE V. Periods of time.]] ====

* Secs. 31 – 39.

=== '''DIVISION I. HOW OBLIGATIONS ARISE.''' ===

==== TITLE I. Contracts. ====

===== [[1919th Book1 Division01 Title01 Chapter01|Chapter I. Definition.]] =====

* Sec. 40.

===== [[1919th Book1 Division01 Title01 Chapter02|Chapter II. Conditions for the validity of Contracts.]] =====

* Secs. 41 – 48.

====== [[1919th Book1 Division01 Title01 Chapter02 Part01|Part I. Capacity of Parties.]] ======

* Sec. 49.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02|Part II. Consent.]] ======

* Secs. 50 – 51.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 01|1. Offer and Acceptance.]] ======
* Secs. 52 – 67.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 02|2. Defective Consent.]] ======
* Secs. 68 – 79.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 03|3. Ratification.]] ======
* Secs. 80 – 84.

====== [[1919th Book1 Division01 Title01 Chapter02 Part03|Part III. Object.]] ======
* Secs. 85 – 87.

==== [[1919th Book1 Division01 Title02|TITLE II. Management of affairs without a mandate.]] ====

* Secs. 88 – 104.

==== TITLE III. Undue Enrichment. ====

===== [[1919th Book1 Division01 Title03 Chapter01|Chapter I. Liability for undue enrichment.]] =====

* Secs. 105 – 108.

===== [[1919th Book1 Division01 Title03 Chapter02|Chapter II. Restitution for undue enrichment.]] =====

* Secs. 109 – 119.

==== TITLE IV. Wrongful Acts. ====

====== [[1919th Book1 Division01 Title04 Chapter01|Chapter I. Liability for Wrongful Acts.]] ======

* Secs. 120 – 126.

====== [[1919th Book1 Division01 Title04 Chapter02|Chapter II. Self-Help.]] ======

* Secs. 127 – 129.

====== [[1919th Book1 Division01 Title04 Chapter03|Chapter III. Lawful defence, lawful command, necessity.]] ======

* Secs. 130 – 131.

====== [[1919th Book1 Division01 Title04 Chapter04|Chapter IV. Compensation for wrongful acts.]] ======

* Secs. 132 – 137.

=== '''DIVISION II. OF SOME PARTICULAR KINDS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division02 Title01|TITLE I. Conditional Obligations.]] ====

* Secs. 138 – 142.

==== [[1919th Book1 Division02 Title02|TITLE II. Obligations subject to a time clause.]] ====

* Secs. 143 – 146.

==== [[1919th Book1 Division02 Title03|TITLE III. Alternative Obligations.]] ====

* Secs. 147 – 153.

==== TITLE IV. Plurality of creditors and debtors. ====

===== [[1919th Book1 Division02 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 154 – 158.

===== Chapter II. Joint Obligations. =====

====== [[1919th Book1 Division02 Title04 Chapter02 Part01|Part I. General Provisions.]] ======
* Secs. 159 – 162.

====== [[1919th Book1 Division02 Title04 Chapter02 Part02|Part II. Joint Creditors.]] ======
* Secs. 163 – 177.

====== Part III. Joint Debtors. ======

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 01|1. Relations between Joint Debtors and the Creditor.]] ======
* Secs. 178 – 191.

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 02|2. Relations between Joint Debtors.]] ======
* Secs. 192 – 197.

===== [[1919th Book1 Division02 Title04 Chapter03|Chapter III. Indivisible Obligations.]] =====

* Secs. 198 – 199.

=== '''DIVISION III. TRANSFER OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division03 Title01|TITLE I. General Provisions.]] ====
* Secs. 200 – 204.

==== [[1919th Book1 Division03 Title02|TITLE II. Transfer of Rights.]] ====
* Secs. 205 – 213.

==== [[1919th Book1 Division03 Title03|TITLE III. Transfer of Liabilities.]] ====
* Secs. 214 – 217.

=== '''DIVISION IV. EFFECTS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division04 Title01|TITLE I. General Provisions.]] ====
* Secs. 218 – 221.

==== [[1919th Book1 Division04 Title02|TITLE II. Rights of the Creditor.]] ====
* Sec. 222.

===== Chapter I. Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter01 Part01|Part I. Who may perform.]] ======
* Secs. 223 – 224.

====== [[1919th Book1 Division04 Title02 Chapter01 Part02|Part II. Who is entitled to receive.]] ======
* Secs. 225 – 229.

====== [[1919th Book1 Division04 Title02 Chapter01 Part03|Part III. What may performance consist of.]] ======
* Secs. 230 – 245.

====== [[1919th Book1 Division04 Title02 Chapter01 Part04|Part IV. Place of performance.]] ======
* Secs. 246 – 247.

====== [[1919th Book1 Division04 Title02 Chapter01 Part05|Part V. Time of performance.]] ======
* Secs. 248 – 250.

====== [[1919th Book1 Division04 Title02 Chapter01 Part06|Part VI. Appropriation.]] ======
* Secs. 251 – 256.

===== Chapter II. Non-Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter02 Part01|Part I. Default of the debtor.]] ======
* Secs. 257 – 261.

====== [[1919th Book1 Division04 Title02 Chapter02 Part02|Part II. Remedies of the creditor.]] ======
* Secs. 262 – 264.

====== [[1919th Book1 Division04 Title02 Chapter02 Part03|Part III. Specific performance.]] ======
* Secs. 265 – 269.

====== [[1919th Book1 Division04 Title02 Chapter02 Part04|Part IV. Compensation.]] ======
* Secs. 270 – 272.

====== [[1919th Book1 Division04 Title02 Chapter02 Part05|Part V. Assessment of compensation for non-performance.]] ======
* Secs. 273 – 278.

====== [[1919th Book1 Division04 Title02 Chapter02 Part06|Part VI. Penalty clause and earnest money.]] ======
* Secs. 279 – 287.

==== TITLE III. Rights of the Debtor. ====

===== [[1919th Book1 Division04 Title03 Chapter01|Chapter I. Default of the creditor.]] =====
* Secs. 288 – 294.

===== [[1919th Book1 Division04 Title03 Chapter02|Chapter II. Deposit in lieu of performance.]] =====
* Secs. 295 – 305.

=== '''DIVISION V. RIGHTS OF THE CREDITOR OVER THE PROPERTY OF THE DEBTOR.''' ===

==== TITLE I. Respective Rights of the Ordinary and Preferred Creditors. ====

===== [[1919th Book1 Division05 Title01 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 306 – 313.

===== [[1919th Book1 Division05 Title01 Chapter02|Chapter II. Special Preferential Rights.]] =====
* Secs. 314 – 329.

===== [[1919th Book1 Division05 Title01 Chapter03|Chapter III. General Preferential Rights.]] =====
* Secs. 330 – 332.

===== [[1919th Book1 Division05 Title01 Chapter04|Chapter IV. Rank and Effects of Preferential Rights.]] =====
* Secs. 333 – 337.

==== [[1919th Book1 Division05 Title02|TITLE II. Rights of the Creditor to Exercise the Debtor's Rights of Action.]] ====
* Secs. 338 – 342.

==== [[1919th Book1 Division05 Title03|TITLE III. Rights of the Creditor to Cancellation of the Acts Made in Fraud of His Own Rights.]] ====
* Secs. 343 – 349.

=== '''DIVISION VI. EXTINCTION OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division06 Title01|TITLE I. Performance.]] ====
* Sec. 350.

==== [[1919th Book1 Division06 Title02|TITLE II. Release.]] ====
* Sec. 351.

==== [[1919th Book1 Division06 Title03|TITLE III. Set Off.]] ====
* Secs. 352 – 358.

==== [[1919th Book1 Division06 Title04|TITLE IV. Merger.]] ====
* Sec. 359.

==== TITLE V. Prescription. ====

===== [[1919th Book1 Division06 Title05 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 360 – 382.

===== [[1919th Book1 Division06 Title05 Chapter02|Chapter II. Periods of Prescription.]] =====
* Secs. 383 – 387.

=== '''DIVISION VII. SPECIFIC CONTRACTS.''' ===

==== '''TITLE I. Sale.''' ====

===== Chapter I. Nature and Essentials of the Contract of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter01 Part01|Part I. General Provisions.]] ======

* Secs. 388 – 392.

====== [[1919th Book1 Division07 Title01 Chapter01 Part02|Part II. Transfer of Ownership.]] ======

* Secs. 393 – 395.

====== [[1919th Book1 Division07 Title01 Chapter01 Part03|Part III. Promise of Sale.]] ======

* Secs. 396 – 398.

===== Chapter II. Duties and Liabilities of the Seller. =====

====== [[1919th Book1 Division07 Title01 Chapter02 Part01|Part I. Delivery.]] ======

* Secs. 399 – 407.

====== [[1919th Book1 Division07 Title01 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 408 – 411.

====== [[1919th Book1 Division07 Title01 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 412 – 422.

====== [[1919th Book1 Division07 Title01 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Secs. 423 – 425.

===== [[1919th Book1 Division07 Title01 Chapter03|Chapter III. Duty of the Buyer.]] =====

* Secs. 426 – 428.

===== Chapter IV. Of Some Particular Kinds of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter04 Part01|Part I. Sale with right of redemption.]] ======

* Secs. 429 – 441.

====== [[1919th Book1 Division07 Title01 Chapter04 Part02|Part II. Sale by sample. Sale on approval.]] ======

* Secs. 442 – 447.

====== [[1919th Book1 Division07 Title01 Chapter04 Part03|Part III. Sale by number, quantity, weight or measure.]] ======

* Secs. 448 – 452.

====== [[1919th Book1 Division07 Title01 Chapter04 Part04|Part IV. Sale by auction.]] ======

* Secs. 453 – 461.

==== '''[[1919th Book1 Division07 Title02|TITLE II. Exchange.]]''' ====

* Secs. 462 – 464.

==== '''[[1919th Book1 Division07 Title03|TITLE III. Gift.]]''' ====

* Secs. 465 – 486.

==== '''TITLE IV. Hire of Property.''' ====

===== [[1919th Book1 Division07 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 487 – 495.

===== Chapter II. Duties and Liabilities of the Lessor. =====

====== [[1919th Book1 Division07 Title04 Chapter02 Part01|Part I. Delivery and repair.]] ======

* Secs. 496 – 500.

====== [[1919th Book1 Division07 Title04 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 501 – 505.

====== [[1919th Book1 Division07 Title04 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 506 – 515.

====== [[1919th Book1 Division07 Title04 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Sec. 516.

===== [[1919th Book1 Division07 Title04 Chapter03|Chapter III. Duties and Liabilities of the Lessee.]] =====

* Secs. 517 – 533.

===== [[1919th Book1 Division07 Title04 Chapter04|Chapter IV. Extinction of the Lease.]] =====

* Secs. 534 – 543.

===== [[1919th Book1 Division07 Title04 Chapter05|Chapter V. Transfer of Lease and Sublease.]] =====

* Secs. 544 – 546.

==== '''[[1919th Book1 Division07 Title05|TITLE V. Hire of Services.]]''' ====

* Secs. 547 – 559.

==== '''[[1919th Book1 Division07 Title06|TITLE VI. Hire of Work.]]''' ====

* Secs. 560 – 586.

==== '''[[1919th Book1 Division07 Title07|TITLE VII. Carriage.]]''' ====
Secs. 587 – 588.

===== Chapter I. Carriage of Goods. =====

====== [[1919th Book1 Division07 Title07 Chapter01 Part01|Part I. General.]] ======

* Secs. 589 – 593.

====== [[1919th Book1 Division07 Title07 Chapter01 Part02|Part II. Duties and liabilities of the carrier.]] ======

* Secs. 594 – 608.

====== [[1919th Book1 Division07 Title07 Chapter01 Part03|Part III. Rights and duties of the sender and the consignee.]] ======

* Secs. 609 – 622.

===== [[1919th Book1 Division07 Title07 Chapter02|Chapter II. Carriage of Passengers.]] =====

* Secs. 623 – 628.

==== '''TITLE VIII. Loan.''' ====

===== [[1919th Book1 Division07 Title08 Chapter01|Chapter I. Loan for Use.]] =====

* Secs. 629 – 647.

===== Chapter II. Loan for Consumption. =====

====== [[1919th Book1 Division07 Title08 Chapter02 Part01|Part I. General Provisions.]] ======

* Secs. 648 – 652.

====== [[1919th Book1 Division07 Title08 Chapter02 Part02|Part II. Special rules for loan of money.]] ======

* Secs. 653 – 656.

==== '''TITLE IX. Deposit.''' ====

===== [[1919th Book1 Division07 Title09 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 657 – 678.

===== [[1919th Book1 Division07 Title09 Chapter02|Chapter II. Special Rules for Deposit of Money.]] =====

* Secs. 679 – 680.

===== [[1919th Book1 Division07 Title09 Chapter03|Chapter III. Special Rules for Innkeepers.]] =====

* Secs. 681 – 686.

==== '''TITLE X. Suretyship.''' ====

===== [[1919th Book1 Division07 Title10 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 687 – 695.

===== [[1919th Book1 Division07 Title10 Chapter02|Chapter II. Effects before Performance.]] =====

* Secs. 696 – 703.

===== [[1919th Book1 Division07 Title10 Chapter03|Chapter III. Effects after Performance.]] =====

* Secs. 704 – 708.

===== [[1919th Book1 Division07 Title10 Chapter04|Chapter IV. Extinction of Suretyship.]] =====

* Secs. 709 – 713.

==== '''TITLE XI. Mortgage.''' ====

===== [[1919th Book1 Division07 Title11 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 714 – 728.

===== [[1919th Book1 Division07 Title11 Chapter02|Chapter II. Extent of Mortgage.]] =====

* Secs. 729 – 735.

===== [[1919th Book1 Division07 Title11 Chapter03|Chapter III. Rights and Duties of the Mortgagee and Mortgagor.]] =====

* Secs. 736 – 742.

===== [[1919th Book1 Division07 Title11 Chapter04|Chapter IV. Enforcement of Mortgage.]] =====

* Secs. 743 – 751.

===== [[1919th Book1 Division07 Title11 Chapter05|Chapter V. Rights and Duties of the Transfee of a Mortgaged Property.]] =====

* Secs. 752 – 763.

===== [[1919th Book1 Division07 Title11 Chapter06|Chapter VI. Extinction of Mortgage.]] =====

* Secs. 764 – 767.

===== [[1919th Book1 Division07 Title11 Chapter07|Chapter VII. Registration.]] =====

* Secs. 768 – 775.

==== '''TITLE XII. Pledge.''' ====

===== [[1919th Book1 Division07 Title12 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 776 – 792.

===== [[1919th Book1 Division07 Title12 Chapter02|Chapter II. Rights and Duties of the Pledgee and Pledgor.]] =====

* Secs. 793 – 800.

===== [[1919th Book1 Division07 Title12 Chapter03|Chapter III. Enforcement of Pledge.]] =====

* Secs. 801 – 809.

===== [[1919th Book1 Division07 Title12 Chapter04|Chapter IV. Extinction of Pledge.]] =====

* Sec. 810.

==== '''TITLE XIII. Warehousing.''' ====

===== [[1919th Book1 Division07 Title13 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 811 – 823.

===== [[1919th Book1 Division07 Title13 Chapter02|Chapter II. Warehouse Receipt and Warrant.]] =====

* Secs. 824 – 843.

==== '''TITLE XIV. Agency.''' ====

===== [[1919th Book1 Division07 Title14 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 844 – 858.

===== [[1919th Book1 Division07 Title14 Chapter02|Chapter II. Duties of the Agent to the Principal.]] =====

* Secs. 859 – 864.

===== [[1919th Book1 Division07 Title14 Chapter03|Chapter III. Duties of the Principal to the Agent.]] =====

* Secs. 865 – 872.

===== [[1919th Book1 Division07 Title14 Chapter04|Chapter IV. Liability of the Principal and Agent to third persons.]] =====

* Secs. 873 – 879.

===== [[1919th Book1 Division07 Title14 Chapter05|Chapter V. Extinction of Agency.]] =====

* Secs. 880 – 889.

===== [[1919th Book1 Division07 Title14 Chapter06|Chapter VI. Subagency.]] =====

* Secs. 890 – 896.

===== [[1919th Book1 Division07 Title14 Chapter07|Chapter VII. Importation Agents.]] =====

* Sec. 897.

==== '''[[1919th Book1 Division07 Title15|TITLE XV. Brokerage.]]''' ====

* Secs. 898 – 906.

==== '''[[1919th Book1 Division07 Title16|TITLE XVI. Compromise.]]''' ====

* Secs. 907 – 912.

===== '''[[1919th Book1 Division07 Title17|TITLE XVII. Gambling and Betting.]]''' =====

* Secs. 913 – 915.

===== '''[[1919th Book1 Division07 Title18|TITLE XVIII. Current Account.]]''' =====

* Secs. 916 – 924.

===== '''[[1919th Book1 Division07 Title19|TITLE XIX. Insurance against Loss.]]''' =====

* Secs. 925 – 938.

===== '''[[1919th Book1 Division07 Title20|TITLE XX. Insurance of Life.]]''' =====

* Secs. 939 – 951.

===== '''TITLE XXI. Bills.''' =====

===== [[1919th Book1 Division07 Title21 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 952 – 963.

===== Chapter II. Bill of Exchange. =====

====== [[1919th Book1 Division07 Title21 Chapter02 Part01|Part I. Drawing of a bill of exchange.]] ======

* Secs. 964 – 977.

====== [[1919th Book1 Division07 Title21 Chapter02 Part02|Part II. Effects of a bill of exchange.]] ======

* Secs. 978 – 981.

====== [[1919th Book1 Division07 Title21 Chapter02 Part03|Part III. Transfer and indorsement.]] ======

* Secs. 982 – 996.

====== Part IV. Acceptance. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 01|1. Acceptance by drawee.]] ======
* Secs. 997 – 1008.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 02|2. Right of recourse in case of non-acceptance.]] ======
* Secs. 1009 – 1027.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 03|3. Acceptance for honour.]] ======
* Secs. 1028 – 1035.

====== [[1919th Book1 Division07 Title21 Chapter02 Part05|Part V. Suretyship.]] ======

* Secs. 1036 – 1041.

====== Part VI. Payment. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 01|1. General provisions.]] ======
* Secs. 1042 – 1054.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 02|2. Right of recourse in case of non-payment.]] ======
* Secs. 1055 – 1073.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 03|3. Payment for honour.]] ======
* Secs. 1074 – 1084.

====== [[1919th Book1 Division07 Title21 Chapter02 Part07|Part VII. Bills of exchange in a set.]] ======

* Secs. 1085 – 1089.

===== [[1919th Book1 Division07 Title21 Chapter03|Chapter III. Promissory Notes.]] =====

* Secs. 1090 – 1098.

===== Chapter IV. Cheques. =====

====== [[1919th Book1 Division07 Title21 Chapter04 Part01|Part I. General provisions.]] ======

* Secs. 1099 – 1110.

====== [[1919th Book1 Division07 Title21 Chapter04 Part02|Part II. Crossed cheques.]] ======

* Secs. 1111 – 1113.

===== [[1919th Book1 Division07 Title21 Chapter05|Chapter V. Prescription.]] =====

* Secs. 1114 – 1115.

===== [[1919th Book1 Division07 Title21 Chapter06|Chapter VI. Forged, Stolen and Lost Bills.]] =====

* Secs. 1116 – 1128.

==== '''TITLE XXII. Partnerships and Companies.''' ====

===== [[1919th Book1 Division07 Title22 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 1129 – 1140.

===== Chapter II. Ordinary Partnerships. =====

====== [[1919th Book1 Division07 Title22 Chapter02 Part01|Part I. Definition.]] ======

* Sec. 1141.

====== [[1919th Book1 Division07 Title22 Chapter02 Part02|Part II. Relations of partners between themselves.]] ======

* Secs. 1142 – 1165.

====== [[1919th Book1 Division07 Title22 Chapter02 Part03|Part III. Relations of partners with third persons.]] ======

* Secs. 1166 – 1171.

====== [[1919th Book1 Division07 Title22 Chapter02 Part04|Part IV. Dissolution and liquidation of ordinary partnerships.]] ======

* Secs. 1172 – 1177.

====== [[1919th Book1 Division07 Title22 Chapter02 Part05|Part V. Registration of ordinary partnerships.]] ======

* Secs. 1178 – 1189.

====== [[1919th Book1 Division07 Title22 Chapter02 Part06|Part VI. Amalgamation of registered partnerships.]] ======

* Secs. 1190 – 1193.

===== [[1919th Book1 Division07 Title22 Chapter03|Chapter III. Limited Partnerships.]] =====

* Secs. 1194 – 1215.

===== Chapter IV. Limited Companies. =====

====== [[1919th Book1 Division07 Title22 Chapter04 Part01|Part I. Nature and formation of limited companies.]] ======

* Secs. 1216 – 1244.

====== [[1919th Book1 Division07 Title22 Chapter04 Part02|Part II. Shares and shareholders.]] ======

* Secs. 1245 – 1274.

====== Part III. Management of limited companies. ======

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 01|1. General.]] ======
* Secs. 1275 – 1280.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 02|2. Directors.]] ======
* Secs. 1281 – 1303.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 03|3. General meetings.]] ======
* Secs. 1304 – 1330.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 04|4. Balance-sheet.]] ======
* Secs. 1331 – 1334.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 05|5. Dividends and interests.]] ======
* Secs. 1335 – 1340.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 06|6. Books and accounts.]] ======
* Secs. 1341 – 1342.

====== [[1919th Book1 Division07 Title22 Chapter04 Part04|Part IV. Audit.]] ======

* Secs. 1343 – 1349.

====== [[1919th Book1 Division07 Title22 Chapter04 Part05|Part V. Inspection.]] ======

* Secs. 1350 – 1354.

====== [[1919th Book1 Division07 Title22 Chapter04 Part06|Part VI. Increases and reductions of capital.]] ======

* Secs. 1355 – 1365.

====== [[1919th Book1 Division07 Title22 Chapter04 Part07|Part VII. Debentures.]] ======

* Secs. 1366 – 1373.

====== [[1919th Book1 Division07 Title22 Chapter04 Part08|Part VIII. Dissolution.]] ======

* Sec. 1374.

====== [[1919th Book1 Division07 Title22 Chapter04 Part09|Part IX. Amalgamation of limited companies.]] ======

* Secs. 1375 – 1380.

====== [[1919th Book1 Division07 Title22 Chapter04 Part10|Part X. Notices.]] ======

* Secs. 1381 – 1382.

===== [[1919th Book1 Division07 Title22 Chapter05|Chapter V. Liquidation of Registered Partnerships, Limited Partnerships and Limited Companies.]] =====

* Secs. 1383 – 1410.

===== [[1919th Book1 Division07 Title22 Chapter06|Chapter VI. Penalties.]] =====

* Secs. 1411 – 1429.

==== '''[[1919th Book1 Division07 Title23|TITLE XXIII. Associations.]]''' ====

* Secs. 1430 – 1463.

== '''BOOK ON CAPACITY OF PERSONS.''' ==

=== '''[[1919th Book2 Preliminary|PRELIMINARY.]]''' ===

* Sec. 1.

=== '''[[1919th Book2 Division01|DIVISION I. Natural Persons.]]''' ===

* Sec. 2.

==== TITLE I. General Provisions. ====

===== [[1919th Book2 Division01 Title01 Chapter01|Chapter I. Age.]] =====

* Secs. 3 – 7.

===== [[1919th Book2 Division01 Title01 Chapter02|Chapter II. Name.]] =====

* Secs. 8 – 18.

===== [[1919th Book2 Division01 Title01 Chapter03|Chapter III. Signature.]] =====

* Secs. 19 – 20.

===== [[1919th Book2 Division01 Title01 Chapter04|Chapter IV. Witness.]] =====

* Secs. 21 – 21.

===== [[1919th Book2 Division01 Title01 Chapter05|Chapter V. Residence.]] =====

* Secs. 22 – 23.

===== [[1919th Book2 Division01 Title01 Chapter06|Chapter VI. Disappearance.]] =====

* Secs. 24 – 37.

==== TITLE II. Incapacitated Persons. ====

===== [[1919th Book2 Division01 Title02 Chapter01|Chapter I. Married Women.]] =====

* Sec. 38.

===== Chapter II. Minors. =====

====== [[1919th Book2 Division01 Title02 Chapter02 01|I. Representation of minors.]] ======

* Secs. 39 – 51.

====== [[1919th Book2 Division01 Title02 Chapter02 02|II. Management of a minor's property by his lawful representative.]] ======

====== [[1919th Book2 Division01 Title02 Chapter02 02#1° Management by parent.|1° Management by parent.]] ======

* Secs. 52 – 67.

====== [[1919th Book2 Division01 Title02 Chapter02 02#2° Management by Guardian.|2° Management by Guardian.]] ======

* Secs. 68 – 73.

====== [[1919th Book2 Division01 Title02 Chapter02 03|III. Acts done by a minor.]] ======

* Secs. 74 – 81.

===== Chapter III. Persons with Unsound Mind. =====

====== [[1919th Book2 Division01 Title02 Chapter03 01|I. Representation of persons with unsound mind.]] ======

* Secs. 82 – 89.

====== [[1919th Book2 Division01 Title02 Chapter03 02|II. Management of the property of a person of unsound mind by his lawful representative.]] ======

* Secs. 90 – 92.

====== [[1919th Book2 Division01 Title02 Chapter03 03|III. Acts done by a person of unsound mind.]] ======

* Secs. 93 – 95.

=== '''DIVISION II. Juristic Persons.''' ===

==== [[1919th Book2 Division02 Title01|TITLE I. General Provisions.]] ====

* Secs. 96 – 103.

==== [[1919th Book2 Division02 Title02|TITLE II. Foundations.]] ====

* Secs. 104 – 120.

== '''BOOK ON THINGS.''' ==

=== '''DIVISION I. General Provisions.''' ===

==== [[1919th Book3 Division01 Title01|TITLE I. Different Kind of Things.]] ====

* Secs. 1 – 10.

==== [[1919th Book3 Division01 Title02|TITLE II. Domain of the State.]] ====

* Secs. 11 – 18.

=== '''DIVISION II. Ownership.''' ===

==== TITLE I. Acquisition of Ownership. ====

===== [[1919th Book3 Division02 Title01 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 19 – 27.

===== [[1919th Book3 Division02 Title01 Chapter02|Chapter II. Acquisition by the Effect of Law.]] =====

* Secs. 28 – 39.

===== [[1919th Book3 Division02 Title01 Chapter03|Chapter III. Acquisition by way of Occupation.]] =====

* Secs. 40 – 45.

===== [[1919th Book3 Division02 Title01 Chapter04|Chapter IV. Acquisition by way of Usucapion.]] =====

* Sec. 46.

===== [[1919th Book3 Division02 Title01 Chapter05|Chapter V. Acquisition by way of Inheritance or by the Effect of Obligations.]] =====

* Sec. 47.

==== [[1919th Book3 Division02 Title02|TITLE II. Extent and Exercise of Ownership.]] ====

* Secs. 48 – 59.

==== [[1919th Book3 Division02 Title03|TITLE III. Joint-Ownership.]] ====

* Secs. 60 – 70.

==== [[1919th Book3 Division02 Title04|TITLE IV. Surrender and Abandonment.]] ====

* Secs. 71 – 72.

==== [[1919th Book3 Division02 Title05|TITLE V. Expropriation.]] ====

* Secs. 73 – 94.

=== '''DIVISION III. Possession.''' ===

==== [[1919th Book3 Division03 Title01|TITLE I. General Provisions.]] ====

* Secs. 95 – 108.

==== [[1919th Book3 Division03 Title02|TITLE II. Usucapion.]] ====

* Secs. 109 – 115.

==== [[1919th Book3 Division03 Title03|TITLE III. Recover of Possession.]] ====

* Secs. 116 – 125.

=== '''DIVISION IV. Servitudes.''' ===

==== [[1919th Book3 Division04 Title01|TITLE I. General Provisions.]] ====

* Secs. 126 – 134.

==== [[1919th Book3 Division04 Title02|TITLE II. Real Servitudes Established by Law.]] ====

* Secs. 135 – 145.

==== [[1919th Book3 Division04 Title03|TITLE III. Real Servitudes Created by Contract or Will.]] ====

* Secs. 146 – 152.

==== TITLE IV. Other Servitudes. ====

===== [[1919th Book3 Division04 Title04 Chapter01|Chapter I. Habitation.]] =====

* Secs. 153 – 161.

===== [[1919th Book3 Division04 Title04 Chapter02|Chapter II. Superficies.]] =====

* Secs. 162 – 167.

===== [[1919th Book3 Division04 Title04 Chapter03|Chapter III. Charges on Land.]] =====

* Sec. 168.

―――〈★ ★ ★〉―――

1919th Authentication

2026-09-03T09:24:16Z

Codesuser: /* DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919) */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. ''Guyon''.''' ===

==== '''B-1. Overview.''' ====
* Just such a document could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It was a report submitted to the "Commission of Codification" and collected under the heading:
** "'''III. Decision to separately promulgate the Books I and II (October 1921 – December 1922) and appointment by the King of a Revising Committee (June 1922''')".
* It has the following title and other attributes:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Dated: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* The heading "Decision to separately promulgate the Books I and II …" suggests that ''this report was submitted during the period where the Draft "Book on Obligations" had been already divided into "Book I" and "Book II"'', and it has just ''decided to further separate the "Division VII. Specific Contracts" from the Book II as a new "Book III".'' The revising work of the "Book III" was still in process and could take a considerable time. Under such circumstances, the Committee of Codification presumably ''decided to promulgate only the Book I and II in advance''. But, this Draft covered only Secs. 1 to 387, the sections on "Capacity of Persons" and "Juristic Persons" were not integrated yet.
* Before the scheduled promulgation of the Books I and II, the French commissioners summarized all the alterations and improvements to the original text of the Draft 1919. This is the contents of the report. Its original text including ANNEXs I and II is as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P171-215.pdf The Letter and the Report of 19. October 1921 submitted by Mr. Guiyon.] 》

==== '''B-2. Comparison for Authentication.''' ====
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries; 6 entries of them were not documented in our copy yet. In this way, the result of the comparison is quite positive for the authentication of the copy of the Draft 1919 as described below in '''[[1919th Authentication#C-3. Entries:|C-3. Entries]]'''. Its PDF version is also available as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_authentication.pdf The Comparison Result for Authentication in PDF.] 》

==== '''B-3. Epilogue: Postponement of the Promulgation.''' ====
* The circumstances of the report suggest that ''our copy of the Draft 1919 show its actual state shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.
* According to another document "'''Note to be communicated to the newspapers at the time when the civil and commercial code will be promulgated'''" dated March 1922 ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P249.pdf Vol.35, P. 35/249]), the promulgation of the Books I and II was scheduled to 1st April 1922 (วันที่ 1 เมษายน 2465), they should be then put into effect on 1st April 1923 (วันที่ 1 เมษายน 2466). On 21st March 1922, Mr. ''Guyon'' submitted ''the Thai translation of the Books I and II'' to the President of the Commission of Codification, ''Chao Phrya Abhai Raja (เจ้าะระยาอภัยราชา)''.
* However, the scheduled promulgation was delayed. On 16th June 1922, ''Chao Phrya Abhai Raja'' wrote to Mr. ''Guyon;'' "[King] had once more gone through the Draft Preamble and the translation of the 387 sections of the Civil and Commercial Code which are to be promulgated and deemed that ''the wording and the translation are not quite perfect'' (ข้อความและคำแปลยังไม่สู้บริบูรญ์เรียบร้อยดี) …". The scheduled promulgation was suspended. Instead, the King appointed a new "Revising Committee" ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P250-255.pdf Vol.35, P.35/250-255]).
* In the course of the newly started revising work, on 16th October 1922, the Commission of Codification decided to integrate the sections on "Capacity of Persons" and "Juristic Persons" into the Book I ([https://openlegaltextbook.ddns.net/Codes/archives/vol036/Vol036_P075-077.pdf Vol.36, P.36/075-077]). As a result, the volume of the Book I increased from 39 to 105 sections, and the sections of the Book II were renumbered from the range of 40 – 387 to 106 – 452.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C-1. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C-2. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C-3. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-02T16:11:03Z

Codesuser:

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. ''Guyon''.''' ===

==== '''B-1. Overview.''' ====
* Just such a document could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It was a report submitted to the "Commission of Codification" and collected under the heading:
** "'''III. Decision to separately promulgate the Books I and II (October 1921 – December 1922) and appointment by the King of a Revising Committee (June 1922''')".
* It has the following title and other attributes:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Dated: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* The heading "Decision to separately promulgate the Books I and II …" suggests that ''this report was submitted during the period where the Draft "Book on Obligations" had been already divided into "Book I" and "Book II"'', and it has just ''decided to further separate the "Division VII. Specific Contracts" from the Book II as a new "Book III".'' The revising work of the "Book III" was still in process and could take a considerable time. Under such circumstances, the Committee of Codification presumably ''decided to promulgate only the Book I and II in advance''. But, this Draft covered only Secs. 1 to 387, the sections on "Capacity of Persons" and "Juristic Persons" were not integrated yet.
* Before the scheduled promulgation of the Books I and II, the French commissioners summarized all the alterations and improvements to the original text of the Draft 1919. This is the contents of the report. Its original text is as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P171-215.pdf The Letter and the Report of 19. October 1921 submitted by Mr. Guiyon.] 》

==== '''B-2. Comparison Result for Authentication.''' ====
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not documented in our copy yet. The result is quite positive as described below in '''[[1919th Authentication#C-3. Entries:|C-3. Entries]]'''. The PDF version of the result is as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_authentication.pdf The Comparison Result for Authentication in PDF.] 》

==== '''B-3. Epilogue.''' ====
* The circumstances of the report suggest that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.
* According to another document "'''Note to be communicated to the newspapers at the time when the civil and commercial code will be promulgated'''" dated March 1922 ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P249.pdf Vol.35, P. 35/249]), the promulgation of the Books I and II was scheduled to 1st April 1922 (วันที่ 1 เมษายน 2465), they should be then put into effect on 1st April 1923 (วันที่ 1 เมษายน 2466). On 21st March 1922, Mr. ''Guyon'' submitted the Thai translation of the Books I and II to the President of the Commission of Codification, ''Chao Phrya Abhai Raja (เจ้าะระยาอภัยราชา)''.
* However, the scheduled promulgation was delayed. On 16th June 1922, ''Chao Phrya Abhai Raja'' wrote to Mr. ''Guyon;'' "[King] had once more gone through the Draft Preamble and the translation of the 387 sections of the Civil and Commercial Code which are to be promulgated and deemed that ''the wording and the translation are not quite perfect'' (ข้อความและคำแปลยังไม่สู้บริบูรญ์เรียบร้อยดี) …". The scheduled promulgation was suspended. Instead, the King appointed a new "Revising Committee" ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P250-255.pdf Vol.35, P.35/250-255]). On 16th October 1922, the Commission of Codification decided to integrate the sections on "Capacity of Persons" and "Juristic Persons" into the Book I ([https://openlegaltextbook.ddns.net/Codes/archives/vol036/Vol036_P075-077.pdf Vol.36, P.36/075-077]).

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C-1. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C-2. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C-3. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-02T15:59:09Z

Codesuser: /* B-3. Epilogue. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. ''Guyon''.''' ===

==== '''B-1. Overview.''' ====
* Just a such document could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It was a report submitted to the "Commission of Codification" and collected under the heading:
** "'''III. Decision to separately promulgate the Books I and II (October 1921 – December 1922) and appointment by the King of a Revising Committee (June 1922''')".
* It has the following title and other attributes:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Dated: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* The heading "Decision to separately promulgate the Books I and II …" suggests that ''this report was submitted during the period where the Draft "Book on Obligations" had been already divided into "Book I" and "Book II"'', and it has just ''decided to further separate the "Division VII. Specific Contracts" from the Book II as a new "Book III".'' The revising work of the "Book III" was still in process and could take a considerable time. Under such circumstances, the Committee of Codification presumably ''decided to promulgate only the Book I and II in advance''. But, this Draft covered only Secs. 1 to 387, the sections on "Capacity of Persons" and "Juristic Persons" were not integrated yet.
* Before the scheduled promulgation of the Books I and II, the French commissioners summarized all the alterations and improvements to the original text of the Draft 1919. This is the contents of the report. Its original text is as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P171-215.pdf The Letter and the Report of 19. October 1921 submitted by Mr. Guiyon.] 》

==== '''B-2. Comparison Result for Authentication.''' ====
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not documented in our copy yet. The result is quite positive as described below in '''[[1919th Authentication#C-3. Entries:|C-3. Entries]]'''. The PDF version of the result is as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_authentication.pdf The Comparison Result for Authentication in PDF.] 》

==== '''B-3. Epilogue.''' ====
* The circumstances of the report suggest that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.
* According to another document "'''Note to be communicated to the newspapers at the time when the civil and commercial code will be promulgated'''" dated March 1922 ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P249.pdf Vol.35, P. 35/249]), the promulgation of the Books I and II was scheduled to 1st April 1922 (วันที่ 1 เมษายน 2465), they should be then put into effect on 1st April 1923 (วันที่ 1 เมษายน 2466). On 21st March 1922, Mr. ''Guyon'' submitted the Thai translation of the Books I and II to the President of the Commission of Codification, ''Chao Phrya Abhai Raja (เจ้าะระยาอภัยราชา)''.
* However, the scheduled promulgation was delayed. On 16th June 1922, ''Chao Phrya Abhai Raja'' wrote to Mr. ''Guyon;'' "[King] had once more gone through the Draft Preamble and the translation of the 387 sections of the Civil and Commercial Code which are to be promulgated and deemed that ''the wording and the translation are not quite perfect'' (ข้อความและคำแปลยังไม่สู้บริบูรญ์เรียบร้อยดี) …". The scheduled promulgation was suspended. Instead, the King appointed a new "Revising Committee" ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P250-255.pdf Vol.35, P.35/250-255]). On 16th October 1922, the Commission of Codification decided to integrate the sections on "Capacity of Persons" and "Juristic Persons" into the Book I ([https://openlegaltextbook.ddns.net/Codes/archives/vol036/Vol036_P075-077.pdf Vol.36, P.36/075-077]).

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C-1. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C-2. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C-3. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-02T15:56:14Z

Codesuser: /* B-2. Research result. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. ''Guyon''.''' ===

==== '''B-1. Overview.''' ====
* Just a such document could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It was a report submitted to the "Commission of Codification" and collected under the heading:
** "'''III. Decision to separately promulgate the Books I and II (October 1921 – December 1922) and appointment by the King of a Revising Committee (June 1922''')".
* It has the following title and other attributes:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Dated: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* The heading "Decision to separately promulgate the Books I and II …" suggests that ''this report was submitted during the period where the Draft "Book on Obligations" had been already divided into "Book I" and "Book II"'', and it has just ''decided to further separate the "Division VII. Specific Contracts" from the Book II as a new "Book III".'' The revising work of the "Book III" was still in process and could take a considerable time. Under such circumstances, the Committee of Codification presumably ''decided to promulgate only the Book I and II in advance''. But, this Draft covered only Secs. 1 to 387, the sections on "Capacity of Persons" and "Juristic Persons" were not integrated yet.
* Before the scheduled promulgation of the Books I and II, the French commissioners summarized all the alterations and improvements to the original text of the Draft 1919. This is the contents of the report. Its original text is as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P171-215.pdf The Letter and the Report of 19. October 1921 submitted by Mr. Guiyon.] 》

==== '''B-2. Comparison Result for Authentication.''' ====
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not documented in our copy yet. The result is quite positive as described below in '''[[1919th Authentication#C-3. Entries:|C-3. Entries]]'''. The PDF version of the result is as follows:

Please, refer to [https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_authentication.pdf The Comparison Result for Authentication in PDF.] 》

==== '''B-3. Epilogue.''' ====
* The circumstances of the report suggest that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.
* According to another document "'''Note to be communicated to the newspapers at the time when the civil and commercial code will be promulgated'''" dated March 1922 ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P249.pdf Vol.35, P. 35/249]), the promulgation of the Books I and II was scheduled to 1st April 1922 (วันที่ 1 เมษายน 2465), they should be then put into effect on 1st April 1923 (วันที่ 1 เมษายน 2466). On 21st March 1922, Mr. ''Guyon'' submitted the Thai translation of the Books I and II to the President of the Commission of Codification, ''Chao Phrya Abhai Raja (เจ้าะระยาอภัยราชา)''.
* However, the scheduled promulgation was delayed. On 16th June 1922, ''Chao Phrya Abhai Raja'' wrote to Mr. ''Guyon;'' "[King] had once more gone through the Draft Preamble and the translation of the 387 sections of the Civil and Commercial Code which are to be promulgated and deemed that ''the wording and the translation are not quite perfect'' (ข้อความและคำแปลยังไม่สู้บริบูรญ์เรียบร้อยดี) …". The scheduled promulgation was suspended. Instead, the King appointed a new "Revising Committee" ([https://openlegaltextbook.ddns.net/Codes/archives/vol035/Vol035_P250-255.pdf Vol.35, P.35/250-255]). On 16th October 1922, the Commission of Codification decided to integrate the sections on "Capacity of Persons" and "Juristic Persons" into the Book I ([https://openlegaltextbook.ddns.net/Codes/archives/vol036/Vol036_P075-277.pdf Vol.36, P.36/075-077]).

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C-1. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C-2. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C-3. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-02T15:17:40Z

Codesuser: /* B. Report of 19th October 1921 written by Mr. Guyon. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. ''Guyon''.''' ===

==== '''B-1. Overview.''' ====
* Just a such document could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It was a report submitted to the "Commission of Codification" and collected under the heading:
** "'''III. Decision to separately promulgate the Books I and II (October 1921 – December 1922) and appointment by the King of a Revising Committee (June 1922''')".
* It has the following title and other attributes:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Dated: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* The heading "Decision to separately promulgate the Books I and II …" suggests that ''this report was submitted during the period where the Draft "Book on Obligations" had been already divided into "Book I" and "Book II"'', and it has just ''decided to further separate the "Division VII. Specific Contracts" from the Book II as a new "Book III".'' The revising work of the "Book III" was still in process and could take a considerable time. Under such circumstances, the Committee of Codification presumably ''decided to promulgate only the Book I and II in advance''. But, this Draft covered only Secs. 1 to 387, the sections on "Capacity of Persons" and "Juristic Persons" were not integrated yet.
* Before the scheduled promulgation of the Books I and II, the French commissioners summarized all the alterations and improvements to the original text of the Draft 1919. This is the contents of the report.

==== '''B-2. Research result.''' ====
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not documented in our copy yet. The result is quite positive as described below in '''C-3. Entries'''.

==== '''B-3. Epilogue''' ====
* The circumstances of the report suggest that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.
* According to another document "'''Note to be communicated to the newspapers at the time when the civil and commercial code will be promulgated'''" dated March 1922 (Vol.35, P. 35/249), the promulgation of the Books I and II was scheduled to 1st April 1922 (วันที่ 1 เมษายน 2465), they should be then put into effect on 1st April 1923 (วันที่ 1 เมษายน 2466). On 21st March 1922, Mr. ''Guyon'' submitted the Thai translation of the Books I and II to the President of the Commission of Codification, ''Chao Phrya Abhai Raja (เจ้าะระยาอภัยราชา)''.
* However, the scheduled promulgation was delayed. On 16th June 1922, ''Chao Phrya Abhai Raja'' wrote to Mr. ''Guyon;'' "[King] had once more gone through the Draft Preamble and the translation of the 387 sections of the Civil and Commercial Code which are to be promulgated and deemed that ''the wording and the translation are not quite perfect'' (ข้อความและคำแปลยังไม่สู้บริบูรญ์เรียบร้อยดี) …". The scheduled promulgation was suspended. Instead, the King appointed a new "Revising Committee" (Vol.35, P.35/250-255). On 16th October 1922, the Commission of Codification decided to integrate the sections on "Capacity of Persons" and "Juristic Persons" into the Book I (Vol.36, P.36/075-077).

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C-1. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C-2. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C-3. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-02T12:24:24Z

Codesuser:

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just a such document could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It was a report submitted to the "Commission of Codification" and collected under the heading:
** "'''III. Decision to separately promulgate the Book I and II (October 1921 – December 1922) and appointment by the King of a Revising Committee (June 1922''')".
* It has the following title and other attributes:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Dated: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* The heading "Decision to separately promulgate the Book I and II …" suggests that ''this report was submitted during the period where the Draft "Book on Obligations" had been already divided into "Book I" and "Book II"'', and it has just ''decided to further separate the "Division VII. Specific Contracts" from the Book II as a new "Book III".'' The revising work of the "Book III" was still in process and could take a considerable time. Under such circumstances, the Committee of Codification presumably ''decided to promulgate only the Book I and II in advance''. But, this Draft covered only Secs. 1 to 387, the sections on "Capacity of Persons" and "Juristic Persons" were not integrated yet.
* Before the scheduled promulgation of the Book I and II, the French commissioners summarized all the alterations and improvements to the original text of the Draft 1919. This is the contents of the report.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not documented in our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.
* According to another document "Note to be communicated to the newspapers at the time when the civil and commercial code will be promulgated" dated March 1922 (Vol.35, P. 35/249), the promulgation of the Book I and II was scheduled to 1st April 1923 (วันที่ 1 เมษายน 2466), they should be put into effect on 1st April 1924 (วันที่ 1 เมษายน 2467). Above all, the scheduled promulgation was

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T08:49:27Z

Codesuser: /* Section 164. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T08:48:21Z

Codesuser: /* Section 138. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T08:48:06Z

Codesuser: /* Section 137. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T08:47:38Z

Codesuser: /* Section 130. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T08:46:53Z

Codesuser: /* Section 86. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T08:46:32Z

Codesuser: /* Section 74. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T08:45:33Z

Codesuser: /* Section 74. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]
[This alteration has not been documented in the copy yet.]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T08:19:03Z

Codesuser: /* Section 166. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T08:15:05Z

Codesuser: /* Section 138. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T08:06:21Z

Codesuser: /* Section 61. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of
Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T08:01:56Z

Codesuser: /* Section 48 2nd. par. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/013.pdf P.13]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of
Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T07:59:18Z

Codesuser: /* C. III. Entries: */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/014.pdf P.14]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of
Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/096.pdf P.96]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/098.pdf P.98]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/100.pdf P.100]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/110.pdf P.110]

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/111.pdf P.111]

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/118.pdf P.118]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/120.pdf P.120]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/122.pdf P.122]

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/123.pdf P.123]

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/129.pdf P.129]

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/130.pdf P.130]

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.
* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/132.pdf P.132]

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div05/133.pdf P.133]

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/137.pdf P.137]

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/138.pdf P.138]

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/139.pdf P.139]
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/140.pdf P.140]

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div06/148.pdf P.148]

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T07:31:50Z

Codesuser: /* C. III. Entries: */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===

* As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification".
* Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter.
* If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

=== '''B. Report of 19th October 1921 written by Mr. Guyon.''' ===

* Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:
** Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
** Date: 18th and 19th October 1921.
** Items: 73 entries.
** Pages: 35/175 – 202.
* Fortunately, we can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy yet. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''C. Contents of the Report of 19th October 1921.''' ===

==== '''C. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
---
</div>

==== '''C. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
---
ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)
---
</div>

==== '''C. III. Entries:''' ====

===== '''"PARTS"''' =====
* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".
⇒ OCR-Data: [https://drive.google.com/file/d/1pTiEsJvGHB4JIvfG43P4-Rqd1vnO3eTj/view?usp=drive_link Contents]

===== '''[[1919th_Book1_Preliminary_Title01#Section_3.|Section 3.]]''' =====
* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/001.pdf P.1]

===== '''[[1919th Book1 Preliminary Title03#Section 13.|Section 13.]]''' =====
* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/004.pdf P.4]

===== '''[[1919th Book1 Preliminary Title03#Section 18.|Section 18.]]''' =====
* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).
* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/006.pdf P.6]

===== '''[[1919th Book1 Preliminary Title04#Section 30.|Section 30.]]''' =====
* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/008.pdf P.8]

===== '''[[1919th Book1 Preliminary Title05#Section 32.|Section 32.]]''' =====
* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div00/009.pdf P.9]

===== '''[[1919th Book1 Division01 Title01 Chapter02#Section 48.|Section 48 2nd. par.]]''' =====
* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/014.pdf P.14]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 52.|Section 52.]]''' =====
* Illustration to be deleted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/015.pdf P.15]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 54.|Section 54.]]''' =====
* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/016.pdf P.16]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 60.|Section 60.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/018.pdf P.18]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 61.|Section 61.]]''' =====
* Minor alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 01#Section 62.|Section 62.]]''' =====
* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/019.pdf P.19]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 74.|Section 74.]]''' =====
* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/023.pdf P.23]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part02 02#Section 79.|Section 79.]]''' =====
* Two words "or fraud" have been omitted in the printing.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/024.pdf P.24]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 85.|Section 85.]]''' =====
* Miner alterations in the wording of the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/026.pdf P.26]

===== '''[[1919th Book1 Division01 Title01 Chapter02 Part03#Section 86.|Section 86.]]''' =====
* "Invalidity" to be substituted by "voidity".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/027.pdf P.27]

===== '''[[1919th Book1 Division01 Title02#Section 95.|Section 95.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken ⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/029.pdf P.29]

===== '''[[1919th Book1 Division01 Title02#Section 96.|Section 96.]]''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/030.pdf P.30]

===== '''[[1919th Book1 Division01 Title03 Chapter01#Section 108.|Section 108.]]''' =====
* Minor alterations in the wording of the illustration I.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/032.pdf P.32]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 109.|Section 109.]]''' =====
* Illustration to be deleted here, and transferred after section 111.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/033.pdf P.33]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 111.|Section 111.]]''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 113.|Section 113.]]''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/034.pdf P.34]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 117.|Section 117.]]''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/037.pdf P.37]

===== '''[[1919th Book1 Division01 Title03 Chapter02#Section 119.|Section 119.]]''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 120.|Section 120.]]''' =====
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 123.|Section 123.]]''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/038.pdf P.38]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 124.|Sections 124 and 125.]]''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter01#Section 126.|Section 126.]]''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/040.pdf P.40]

===== '''[[1919th Book1 Division01 Title04 Chapter02#Section 129.|Section 129.]]''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter03#Section 130.|Section 130.]]''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/041.pdf P.41]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 133.|Section 133.]]''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 135.|Section 135.]]''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 136.|Section 136.]]''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/043.pdf P.43]

===== '''[[1919th Book1 Division01 Title04 Chapter04#Section 137.|Section 137.]]''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div01/044.pdf P.44]

===== '''[[1919th Book1 Division02 Title01#Section 138.|Section 138.]]''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of
Various Kinds of Obligations".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/045.pdf P.45]

===== '''[[1919th Book1 Division02 Title02#Section 146.|Section 146.]]''' =====
* Minors alterations in the illustration.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/048.pdf P.48]

===== '''[[1919th Book1 Division02 Title03#Section 151.|Section 151.]]''' =====
* Misprinting. To read: "149" instead of "146".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/049.pdf P.49]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 164.|Section 164.]]''' =====
* Illustration: Instead of: "debt", to say: "sum due".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 165.|Section 165.]]''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 166.|Section 166.]]''' =====
* This section shall be numbered 167.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/052.pdf P.52]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 167.|Section 167.]]''' =====
* This section shall be numbered 168.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/053.pdf P.53]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 168.|Section 168.]]''' =====
* This section shall be numbered 169.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 169.|Section 169.]]''' =====
* This section shall be numbered 170.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 170.|Section 170.]]''' =====
* This section shall be numbered 171.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/054.pdf P.54]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 171.|Section 171.]]''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/055.pdf P.55]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part02#Section 177.|Section 177.]]''' =====
* The reference "167" to be substituted by "168".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/058.pdf P.58]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 184.|Section 184.]]''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 185.|Section 185.]]''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/061.pdf P.61]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 186.|Section 186.]]''' =====
* This section shall be numbered 185.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 187.|Section 187.]]''' =====
* This section shall be numbered 186.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/062.pdf P.62]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 188.|Section 188.]]''' =====
* This section shall be numbered 187.
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 01#Section 189.|Section 189.]]''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/063.pdf P.63]

===== '''[[1919th Book1 Division02 Title04 Chapter02 Part03 02#Section 195.|Section 195.]]''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div02/066.pdf P.66]

===== '''[[1919th Book1 Division03 Title01#Section 202.|Section 202.]]''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/070.pdf P.70]

===== '''[[1919th Book1 Division03 Title01#Section 203.|Section 213.]]''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div03/075.pdf P.75]

===== '''[[1919th Book1 Division04 Title02 Chapter01 Part02#Section 229.|Section 229.]]''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."
⇒ OCR-Data: [https://openlegaltextbook.ddns.net/Codes/pages/1919/vol1/div04/084.pdf P.84]

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part01#Section 259.|Section 259.]]''' =====
* Instead of: "from the moment when", to read: "after".

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part02#Section 263.|Section 263.]]''' =====
* Instead of: "before", to read: "at the time when".

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part04#Section 270.|Section 270.]]''' =====
* Illustration II has been redrafted.

===== '''[[1919th Book1 Division04 Title02 Chapter02 Part06#Section 287.|Section 287.]]''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".

===== '''[[1919th Book1 Division04 Title03 Chapter01#Section 289.|Section 289.]]''' =====
* Instead of: "from the time when", to read: "after".

===== '''[[1919th Book1 Division05 Title01 Chapter01#Section 310.|Section 310.]]''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 315.|Section 315.]]''' =====
* Misprinting: the reference "294" to be subatituted by "314".

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 325.|Section 325.]]''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".

===== '''[[1919th Book1 Division05 Title01 Chapter02#Section 328.|Section 328.]]''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").

===== '''[[1919th Book1 Division05 Title02#Section 338.|Section 338.]]''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".

===== '''[[1919th Book1 Division05 Title02#Section 340.|Section 340.]]''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".

===== '''[[1919th Book1 Division05 Title03#Section 343.|Section 343.]]''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.

* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.

===== '''[[1919th Book1 Division05 Title03#Section 344.|Section 344.]]''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".

===== '''[[1919th Book1 Division06 Title03#Section 356.|Section 356.]]''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".

===== '''[[1919th Book1 Division06 Title04#Section 359.|Section 359.]]''' =====
* Instead of: "at once", to read: "at the same time".

===== '''[[1919th Book1 Division06 Title05 Chapter01#Section 363.|Sections 363, 364, 385 and 366.]]''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.

===== '''[[1919th Book1 Division06 Title05 Chapter02#Section 386.|Section 386.]]''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.

18 th. October 1921.
―――〈★ ★ ★〉―――

1919th Authentication

2026-09-01T02:30:04Z

Codesuser: /* A. Introductory Remarks. */

1919th Main Page

2026-09-01T02:18:06Z

Codesuser: /* Authentication Issue of the Copy of the Draft 1919 preserved in BU Library. */

= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

* The today existing (probably) only copy of its publication is in possession of [https://librarykoha.bu.ac.th/cgi-bin/koha/opac-main.pl '''the main library of Bangkok University''']. The detailed information and images of the original sources are available on [https://openlegaltextbook.ddns.net/Centennial/ the Centennial Website].
* The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the [https://openlegaltextbook.ddns.net/Resources/01_French-Heritage_20190720.pdf "French Advisers' Heritage"].

== '''Authentication Issue of the Copy of the Draft 1919 preserved in the BU Library.''' ==

=== Authentication Issue of the Copy. ===

* The only existing source of the text of the Draft 1919 is, as described above, its copy preserved in '''the main library of Bangkok University''', which is a part of the “'''Phya Manava Rajsevi Library'''”. All the publications and other documents in this library were donated by พระยามานวราชเสวี himself. In this sense, there is no doubt about the fact that they all are authentic.

=== No Direct Evidence in the Archives. ===

* From the side of the “[https://www.krisdika.go.th/home Council of State]”, however, there is no confirmation for this authentication issue. Unfortunately, the '''[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 Archives of the History of Thai Codification]''' contain no copy of the published Draft 1919.
* Indeed, the Archives contain ''diverse versions of Thai translation'' of the "'''Book I on Obligations"''' as described in the next section below, but not its original draft in English language.
* As of this moment, the original text has been identified only for the "'''Book II on Capacity of Persons'''" in the '''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163429 Vol.37, 37/194 — 252].'''

=== Alternative Method for Authentication. ===

* Fortunately, there is another method to authenticate the Copy of the "Book I on Obligations" as follows:⇒ Please, refer to [[1919th Authentication|the Special Page]] 》

== '''Prehistory and Thai translation of the Draft.''' ==
* The "[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 Archives of the History of Thai Codification]" contain diverse important historical documents regarding the prehistory and Thai translation of the Draft "Civil and Commercial Code for the Kingdom of Siam".
⇒ Please, refer to [[1919th Prehistory|the Special Page]] 》

== '''BOOK ON OBLIGATIONS.''' ==

=== '''PRELIMINARY.''' ===

==== [[1919th Book1 Preliminary Title01|TITLE I. Title, Commencement and Repeal.]] ====

* Secs. 1 – 3.

==== [[1919th Book1 Preliminary Title02|TITLE II. Definitions.]] ====

* Secs. 4 – 10.

==== [[1919th Book1 Preliminary Title03|TITLE III. General Provisions.]] ====

* Secs. 11 – 23.

==== [[1919th Book1 Preliminary Title04|TITLE IV. Rules for construction of documents.]] ====

* Secs. 24 – 30.

==== [[1919th Book1 Preliminary Title05|TITLE V. Periods of time.]] ====

* Secs. 31 – 39.

=== '''DIVISION I. HOW OBLIGATIONS ARISE.''' ===

==== TITLE I. Contracts. ====

===== [[1919th Book1 Division01 Title01 Chapter01|Chapter I. Definition.]] =====

* Sec. 40.

===== [[1919th Book1 Division01 Title01 Chapter02|Chapter II. Conditions for the validity of Contracts.]] =====

* Secs. 41 – 48.

====== [[1919th Book1 Division01 Title01 Chapter02 Part01|Part I. Capacity of Parties.]] ======

* Sec. 49.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02|Part II. Consent.]] ======

* Secs. 50 – 51.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 01|1. Offer and Acceptance.]] ======
* Secs. 52 – 67.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 02|2. Defective Consent.]] ======
* Secs. 68 – 79.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 03|3. Ratification.]] ======
* Secs. 80 – 84.

====== [[1919th Book1 Division01 Title01 Chapter02 Part03|Part III. Object.]] ======
* Secs. 85 – 87.

==== [[1919th Book1 Division01 Title02|TITLE II. Management of affairs without a mandate.]] ====

* Secs. 88 – 104.

==== TITLE III. Undue Enrichment. ====

===== [[1919th Book1 Division01 Title03 Chapter01|Chapter I. Liability for undue enrichment.]] =====

* Secs. 105 – 108.

===== [[1919th Book1 Division01 Title03 Chapter02|Chapter II. Restitution for undue enrichment.]] =====

* Secs. 109 – 119.

==== TITLE IV. Wrongful Acts. ====

====== [[1919th Book1 Division01 Title04 Chapter01|Chapter I. Liability for Wrongful Acts.]] ======

* Secs. 120 – 126.

====== [[1919th Book1 Division01 Title04 Chapter02|Chapter II. Self-Help.]] ======

* Secs. 127 – 129.

====== [[1919th Book1 Division01 Title04 Chapter03|Chapter III. Lawful defence, lawful command, necessity.]] ======

* Secs. 130 – 131.

====== [[1919th Book1 Division01 Title04 Chapter04|Chapter IV. Compensation for wrongful acts.]] ======

* Secs. 132 – 137.

=== '''DIVISION II. OF SOME PARTICULAR KINDS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division02 Title01|TITLE I. Conditional Obligations.]] ====

* Secs. 138 – 142.

==== [[1919th Book1 Division02 Title02|TITLE II. Obligations subject to a time clause.]] ====

* Secs. 143 – 146.

==== [[1919th Book1 Division02 Title03|TITLE III. Alternative Obligations.]] ====

* Secs. 147 – 153.

==== TITLE IV. Plurality of creditors and debtors. ====

===== [[1919th Book1 Division02 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 154 – 158.

===== Chapter II. Joint Obligations. =====

====== [[1919th Book1 Division02 Title04 Chapter02 Part01|Part I. General Provisions.]] ======
* Secs. 159 – 162.

====== [[1919th Book1 Division02 Title04 Chapter02 Part02|Part II. Joint Creditors.]] ======
* Secs. 163 – 177.

====== Part III. Joint Debtors. ======

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 01|1. Relations between Joint Debtors and the Creditor.]] ======
* Secs. 178 – 191.

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 02|2. Relations between Joint Debtors.]] ======
* Secs. 192 – 197.

===== [[1919th Book1 Division02 Title04 Chapter03|Chapter III. Indivisible Obligations.]] =====

* Secs. 198 – 199.

=== '''DIVISION III. TRANSFER OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division03 Title01|TITLE I. General Provisions.]] ====
* Secs. 200 – 204.

==== [[1919th Book1 Division03 Title02|TITLE II. Transfer of Rights.]] ====
* Secs. 205 – 213.

==== [[1919th Book1 Division03 Title03|TITLE III. Transfer of Liabilities.]] ====
* Secs. 214 – 217.

=== '''DIVISION IV. EFFECTS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division04 Title01|TITLE I. General Provisions.]] ====
* Secs. 218 – 221.

==== [[1919th Book1 Division04 Title02|TITLE II. Rights of the Creditor.]] ====
* Sec. 222.

===== Chapter I. Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter01 Part01|Part I. Who may perform.]] ======
* Secs. 223 – 224.

====== [[1919th Book1 Division04 Title02 Chapter01 Part02|Part II. Who is entitled to receive.]] ======
* Secs. 225 – 229.

====== [[1919th Book1 Division04 Title02 Chapter01 Part03|Part III. What may performance consist of.]] ======
* Secs. 230 – 245.

====== [[1919th Book1 Division04 Title02 Chapter01 Part04|Part IV. Place of performance.]] ======
* Secs. 246 – 247.

====== [[1919th Book1 Division04 Title02 Chapter01 Part05|Part V. Time of performance.]] ======
* Secs. 248 – 250.

====== [[1919th Book1 Division04 Title02 Chapter01 Part06|Part VI. Appropriation.]] ======
* Secs. 251 – 256.

===== Chapter II. Non-Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter02 Part01|Part I. Default of the debtor.]] ======
* Secs. 257 – 261.

====== [[1919th Book1 Division04 Title02 Chapter02 Part02|Part II. Remedies of the creditor.]] ======
* Secs. 262 – 264.

====== [[1919th Book1 Division04 Title02 Chapter02 Part03|Part III. Specific performance.]] ======
* Secs. 265 – 269.

====== [[1919th Book1 Division04 Title02 Chapter02 Part04|Part IV. Compensation.]] ======
* Secs. 270 – 272.

====== [[1919th Book1 Division04 Title02 Chapter02 Part05|Part V. Assessment of compensation for non-performance.]] ======
* Secs. 273 – 278.

====== [[1919th Book1 Division04 Title02 Chapter02 Part06|Part VI. Penalty clause and earnest money.]] ======
* Secs. 279 – 287.

==== TITLE III. Rights of the Debtor. ====

===== [[1919th Book1 Division04 Title03 Chapter01|Chapter I. Default of the creditor.]] =====
* Secs. 288 – 294.

===== [[1919th Book1 Division04 Title03 Chapter02|Chapter II. Deposit in lieu of performance.]] =====
* Secs. 295 – 305.

=== '''DIVISION V. RIGHTS OF THE CREDITOR OVER THE PROPERTY OF THE DEBTOR.''' ===

==== TITLE I. Respective Rights of the Ordinary and Preferred Creditors. ====

===== [[1919th Book1 Division05 Title01 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 306 – 313.

===== [[1919th Book1 Division05 Title01 Chapter02|Chapter II. Special Preferential Rights.]] =====
* Secs. 314 – 329.

===== [[1919th Book1 Division05 Title01 Chapter03|Chapter III. General Preferential Rights.]] =====
* Secs. 330 – 332.

===== [[1919th Book1 Division05 Title01 Chapter04|Chapter IV. Rank and Effects of Preferential Rights.]] =====
* Secs. 333 – 337.

==== [[1919th Book1 Division05 Title02|TITLE II. Rights of the Creditor to Exercise the Debtor's Rights of Action.]] ====
* Secs. 338 – 342.

==== [[1919th Book1 Division05 Title03|TITLE III. Rights of the Creditor to Cancellation of the Acts Made in Fraud of His Own Rights.]] ====
* Secs. 343 – 349.

=== '''DIVISION VI. EXTINCTION OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division06 Title01|TITLE I. Performance.]] ====
* Sec. 350.

==== [[1919th Book1 Division06 Title02|TITLE II. Release.]] ====
* Sec. 351.

==== [[1919th Book1 Division06 Title03|TITLE III. Set Off.]] ====
* Secs. 352 – 358.

==== [[1919th Book1 Division06 Title04|TITLE IV. Merger.]] ====
* Sec. 359.

==== TITLE V. Prescription. ====

===== [[1919th Book1 Division06 Title05 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 360 – 382.

===== [[1919th Book1 Division06 Title05 Chapter02|Chapter II. Periods of Prescription.]] =====
* Secs. 383 – 387.

=== '''DIVISION VII. SPECIFIC CONTRACTS.''' ===

==== '''TITLE I. Sale.''' ====

===== Chapter I. Nature and Essentials of the Contract of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter01 Part01|Part I. General Provisions.]] ======

* Secs. 388 – 392.

====== [[1919th Book1 Division07 Title01 Chapter01 Part02|Part II. Transfer of Ownership.]] ======

* Secs. 393 – 395.

====== [[1919th Book1 Division07 Title01 Chapter01 Part03|Part III. Promise of Sale.]] ======

* Secs. 396 – 398.

===== Chapter II. Duties and Liabilities of the Seller. =====

====== [[1919th Book1 Division07 Title01 Chapter02 Part01|Part I. Delivery.]] ======

* Secs. 399 – 407.

====== [[1919th Book1 Division07 Title01 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 408 – 411.

====== [[1919th Book1 Division07 Title01 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 412 – 422.

====== [[1919th Book1 Division07 Title01 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Secs. 423 – 425.

===== [[1919th Book1 Division07 Title01 Chapter03|Chapter III. Duty of the Buyer.]] =====

* Secs. 426 – 428.

===== Chapter IV. Of Some Particular Kinds of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter04 Part01|Part I. Sale with right of redemption.]] ======

* Secs. 429 – 441.

====== [[1919th Book1 Division07 Title01 Chapter04 Part02|Part II. Sale by sample. Sale on approval.]] ======

* Secs. 442 – 447.

====== [[1919th Book1 Division07 Title01 Chapter04 Part03|Part III. Sale by number, quantity, weight or measure.]] ======

* Secs. 448 – 452.

====== [[1919th Book1 Division07 Title01 Chapter04 Part04|Part IV. Sale by auction.]] ======

* Secs. 453 – 461.

==== '''[[1919th Book1 Division07 Title02|TITLE II. Exchange.]]''' ====

* Secs. 462 – 464.

==== '''[[1919th Book1 Division07 Title03|TITLE III. Gift.]]''' ====

* Secs. 465 – 486.

==== '''TITLE IV. Hire of Property.''' ====

===== [[1919th Book1 Division07 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 487 – 495.

===== Chapter II. Duties and Liabilities of the Lessor. =====

====== [[1919th Book1 Division07 Title04 Chapter02 Part01|Part I. Delivery and repair.]] ======

* Secs. 496 – 500.

====== [[1919th Book1 Division07 Title04 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 501 – 505.

====== [[1919th Book1 Division07 Title04 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 506 – 515.

====== [[1919th Book1 Division07 Title04 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Sec. 516.

===== [[1919th Book1 Division07 Title04 Chapter03|Chapter III. Duties and Liabilities of the Lessee.]] =====

* Secs. 517 – 533.

===== [[1919th Book1 Division07 Title04 Chapter04|Chapter IV. Extinction of the Lease.]] =====

* Secs. 534 – 543.

===== [[1919th Book1 Division07 Title04 Chapter05|Chapter V. Transfer of Lease and Sublease.]] =====

* Secs. 544 – 546.

==== '''[[1919th Book1 Division07 Title05|TITLE V. Hire of Services.]]''' ====

* Secs. 547 – 559.

==== '''[[1919th Book1 Division07 Title06|TITLE VI. Hire of Work.]]''' ====

* Secs. 560 – 586.

==== '''[[1919th Book1 Division07 Title07|TITLE VII. Carriage.]]''' ====
Secs. 587 – 588.

===== Chapter I. Carriage of Goods. =====

====== [[1919th Book1 Division07 Title07 Chapter01 Part01|Part I. General.]] ======

* Secs. 589 – 593.

====== [[1919th Book1 Division07 Title07 Chapter01 Part02|Part II. Duties and liabilities of the carrier.]] ======

* Secs. 594 – 608.

====== [[1919th Book1 Division07 Title07 Chapter01 Part03|Part III. Rights and duties of the sender and the consignee.]] ======

* Secs. 609 – 622.

===== [[1919th Book1 Division07 Title07 Chapter02|Chapter II. Carriage of Passengers.]] =====

* Secs. 623 – 628.

==== '''TITLE VIII. Loan.''' ====

===== [[1919th Book1 Division07 Title08 Chapter01|Chapter I. Loan for Use.]] =====

* Secs. 629 – 647.

===== Chapter II. Loan for Consumption. =====

====== [[1919th Book1 Division07 Title08 Chapter02 Part01|Part I. General Provisions.]] ======

* Secs. 648 – 652.

====== [[1919th Book1 Division07 Title08 Chapter02 Part02|Part II. Special rules for loan of money.]] ======

* Secs. 653 – 656.

==== '''TITLE IX. Deposit.''' ====

===== [[1919th Book1 Division07 Title09 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 657 – 678.

===== [[1919th Book1 Division07 Title09 Chapter02|Chapter II. Special Rules for Deposit of Money.]] =====

* Secs. 679 – 680.

===== [[1919th Book1 Division07 Title09 Chapter03|Chapter III. Special Rules for Innkeepers.]] =====

* Secs. 681 – 686.

==== '''TITLE X. Suretyship.''' ====

===== [[1919th Book1 Division07 Title10 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 687 – 695.

===== [[1919th Book1 Division07 Title10 Chapter02|Chapter II. Effects before Performance.]] =====

* Secs. 696 – 703.

===== [[1919th Book1 Division07 Title10 Chapter03|Chapter III. Effects after Performance.]] =====

* Secs. 704 – 708.

===== [[1919th Book1 Division07 Title10 Chapter04|Chapter IV. Extinction of Suretyship.]] =====

* Secs. 709 – 713.

==== '''TITLE XI. Mortgage.''' ====

===== [[1919th Book1 Division07 Title11 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 714 – 728.

===== [[1919th Book1 Division07 Title11 Chapter02|Chapter II. Extent of Mortgage.]] =====

* Secs. 729 – 735.

===== [[1919th Book1 Division07 Title11 Chapter03|Chapter III. Rights and Duties of the Mortgagee and Mortgagor.]] =====

* Secs. 736 – 742.

===== [[1919th Book1 Division07 Title11 Chapter04|Chapter IV. Enforcement of Mortgage.]] =====

* Secs. 743 – 751.

===== [[1919th Book1 Division07 Title11 Chapter05|Chapter V. Rights and Duties of the Transfee of a Mortgaged Property.]] =====

* Secs. 752 – 763.

===== [[1919th Book1 Division07 Title11 Chapter06|Chapter VI. Extinction of Mortgage.]] =====

* Secs. 764 – 767.

===== [[1919th Book1 Division07 Title11 Chapter07|Chapter VII. Registration.]] =====

* Secs. 768 – 775.

==== '''TITLE XII. Pledge.''' ====

===== [[1919th Book1 Division07 Title12 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 776 – 792.

===== [[1919th Book1 Division07 Title12 Chapter02|Chapter II. Rights and Duties of the Pledgee and Pledgor.]] =====

* Secs. 793 – 800.

===== [[1919th Book1 Division07 Title12 Chapter03|Chapter III. Enforcement of Pledge.]] =====

* Secs. 801 – 809.

===== [[1919th Book1 Division07 Title12 Chapter04|Chapter IV. Extinction of Pledge.]] =====

* Sec. 810.

==== '''TITLE XIII. Warehousing.''' ====

===== [[1919th Book1 Division07 Title13 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 811 – 823.

===== [[1919th Book1 Division07 Title13 Chapter02|Chapter II. Warehouse Receipt and Warrant.]] =====

* Secs. 824 – 843.

==== '''TITLE XIV. Agency.''' ====

===== [[1919th Book1 Division07 Title14 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 844 – 858.

===== [[1919th Book1 Division07 Title14 Chapter02|Chapter II. Duties of the Agent to the Principal.]] =====

* Secs. 859 – 864.

===== [[1919th Book1 Division07 Title14 Chapter03|Chapter III. Duties of the Principal to the Agent.]] =====

* Secs. 865 – 872.

===== [[1919th Book1 Division07 Title14 Chapter04|Chapter IV. Liability of the Principal and Agent to third persons.]] =====

* Secs. 873 – 879.

===== [[1919th Book1 Division07 Title14 Chapter05|Chapter V. Extinction of Agency.]] =====

* Secs. 880 – 889.

===== [[1919th Book1 Division07 Title14 Chapter06|Chapter VI. Subagency.]] =====

* Secs. 890 – 896.

===== [[1919th Book1 Division07 Title14 Chapter07|Chapter VII. Importation Agents.]] =====

* Sec. 897.

==== '''[[1919th Book1 Division07 Title15|TITLE XV. Brokerage.]]''' ====

* Secs. 898 – 906.

==== '''[[1919th Book1 Division07 Title16|TITLE XVI. Compromise.]]''' ====

* Secs. 907 – 912.

===== '''[[1919th Book1 Division07 Title17|TITLE XVII. Gambling and Betting.]]''' =====

* Secs. 913 – 915.

===== '''[[1919th Book1 Division07 Title18|TITLE XVIII. Current Account.]]''' =====

* Secs. 916 – 924.

===== '''[[1919th Book1 Division07 Title19|TITLE XIX. Insurance against Loss.]]''' =====

* Secs. 925 – 938.

===== '''[[1919th Book1 Division07 Title20|TITLE XX. Insurance of Life.]]''' =====

* Secs. 939 – 951.

===== '''TITLE XXI. Bills.''' =====

===== [[1919th Book1 Division07 Title21 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 952 – 963.

===== Chapter II. Bill of Exchange. =====

====== [[1919th Book1 Division07 Title21 Chapter02 Part01|Part I. Drawing of a bill of exchange.]] ======

* Secs. 964 – 977.

====== [[1919th Book1 Division07 Title21 Chapter02 Part02|Part II. Effects of a bill of exchange.]] ======

* Secs. 978 – 981.

====== [[1919th Book1 Division07 Title21 Chapter02 Part03|Part III. Transfer and indorsement.]] ======

* Secs. 982 – 996.

====== Part IV. Acceptance. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 01|1. Acceptance by drawee.]] ======
* Secs. 997 – 1008.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 02|2. Right of recourse in case of non-acceptance.]] ======
* Secs. 1009 – 1027.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 03|3. Acceptance for honour.]] ======
* Secs. 1028 – 1035.

====== [[1919th Book1 Division07 Title21 Chapter02 Part05|Part V. Suretyship.]] ======

* Secs. 1036 – 1041.

====== Part VI. Payment. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 01|1. General provisions.]] ======
* Secs. 1042 – 1054.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 02|2. Right of recourse in case of non-payment.]] ======
* Secs. 1055 – 1073.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 03|3. Payment for honour.]] ======
* Secs. 1074 – 1084.

====== [[1919th Book1 Division07 Title21 Chapter02 Part07|Part VII. Bills of exchange in a set.]] ======

* Secs. 1085 – 1089.

===== [[1919th Book1 Division07 Title21 Chapter03|Chapter III. Promissory Notes.]] =====

* Secs. 1090 – 1098.

===== Chapter IV. Cheques. =====

====== [[1919th Book1 Division07 Title21 Chapter04 Part01|Part I. General provisions.]] ======

* Secs. 1099 – 1110.

====== [[1919th Book1 Division07 Title21 Chapter04 Part02|Part II. Crossed cheques.]] ======

* Secs. 1111 – 1113.

===== [[1919th Book1 Division07 Title21 Chapter05|Chapter V. Prescription.]] =====

* Secs. 1114 – 1115.

===== [[1919th Book1 Division07 Title21 Chapter06|Chapter VI. Forged, Stolen and Lost Bills.]] =====

* Secs. 1116 – 1128.

==== '''TITLE XXII. Partnerships and Companies.''' ====

===== [[1919th Book1 Division07 Title22 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 1129 – 1140.

===== Chapter II. Ordinary Partnerships. =====

====== [[1919th Book1 Division07 Title22 Chapter02 Part01|Part I. Definition.]] ======

* Sec. 1141.

====== [[1919th Book1 Division07 Title22 Chapter02 Part02|Part II. Relations of partners between themselves.]] ======

* Secs. 1142 – 1165.

====== [[1919th Book1 Division07 Title22 Chapter02 Part03|Part III. Relations of partners with third persons.]] ======

* Secs. 1166 – 1171.

====== [[1919th Book1 Division07 Title22 Chapter02 Part04|Part IV. Dissolution and liquidation of ordinary partnerships.]] ======

* Secs. 1172 – 1177.

====== [[1919th Book1 Division07 Title22 Chapter02 Part05|Part V. Registration of ordinary partnerships.]] ======

* Secs. 1178 – 1189.

====== [[1919th Book1 Division07 Title22 Chapter02 Part06|Part VI. Amalgamation of registered partnerships.]] ======

* Secs. 1190 – 1193.

===== [[1919th Book1 Division07 Title22 Chapter03|Chapter III. Limited Partnerships.]] =====

* Secs. 1194 – 1215.

===== Chapter IV. Limited Companies. =====

====== [[1919th Book1 Division07 Title22 Chapter04 Part01|Part I. Nature and formation of limited companies.]] ======

* Secs. 1216 – 1244.

====== [[1919th Book1 Division07 Title22 Chapter04 Part02|Part II. Shares and shareholders.]] ======

* Secs. 1245 – 1274.

====== Part III. Management of limited companies. ======

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 01|1. General.]] ======
* Secs. 1275 – 1280.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 02|2. Directors.]] ======
* Secs. 1281 – 1303.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 03|3. General meetings.]] ======
* Secs. 1304 – 1330.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 04|4. Balance-sheet.]] ======
* Secs. 1331 – 1334.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 05|5. Dividends and interests.]] ======
* Secs. 1335 – 1340.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 06|6. Books and accounts.]] ======
* Secs. 1341 – 1342.

====== [[1919th Book1 Division07 Title22 Chapter04 Part04|Part IV. Audit.]] ======

* Secs. 1343 – 1349.

====== [[1919th Book1 Division07 Title22 Chapter04 Part05|Part V. Inspection.]] ======

* Secs. 1350 – 1354.

====== [[1919th Book1 Division07 Title22 Chapter04 Part06|Part VI. Increases and reductions of capital.]] ======

* Secs. 1355 – 1365.

====== [[1919th Book1 Division07 Title22 Chapter04 Part07|Part VII. Debentures.]] ======

* Secs. 1366 – 1373.

====== [[1919th Book1 Division07 Title22 Chapter04 Part08|Part VIII. Dissolution.]] ======

* Sec. 1374.

====== [[1919th Book1 Division07 Title22 Chapter04 Part09|Part IX. Amalgamation of limited companies.]] ======

* Secs. 1375 – 1380.

====== [[1919th Book1 Division07 Title22 Chapter04 Part10|Part X. Notices.]] ======

* Secs. 1381 – 1382.

===== [[1919th Book1 Division07 Title22 Chapter05|Chapter V. Liquidation of Registered Partnerships, Limited Partnerships and Limited Companies.]] =====

* Secs. 1383 – 1410.

===== [[1919th Book1 Division07 Title22 Chapter06|Chapter VI. Penalties.]] =====

* Secs. 1411 – 1429.

==== '''[[1919th Book1 Division07 Title23|TITLE XXIII. Associations.]]''' ====

* Secs. 1430 – 1463.

== '''BOOK ON CAPACITY OF PERSONS.''' ==

=== '''[[1919th Book2 Preliminary|PRELIMINARY.]]''' ===

* Sec. 1.

=== '''[[1919th Book2 Division01|DIVISION I. Natural Persons.]]''' ===

* Sec. 2.

==== TITLE I. General Provisions. ====

===== [[1919th Book2 Division01 Title01 Chapter01|Chapter I. Age.]] =====

* Secs. 3 – 7.

===== [[1919th Book2 Division01 Title01 Chapter02|Chapter II. Name.]] =====

* Secs. 8 – 18.

===== [[1919th Book2 Division01 Title01 Chapter03|Chapter III. Signature.]] =====

* Secs. 19 – 20.

===== [[1919th Book2 Division01 Title01 Chapter04|Chapter IV. Witness.]] =====

* Secs. 21 – 21.

===== [[1919th Book2 Division01 Title01 Chapter05|Chapter V. Residence.]] =====

* Secs. 22 – 23.

===== [[1919th Book2 Division01 Title01 Chapter06|Chapter VI. Disappearance.]] =====

* Secs. 24 – 37.

==== TITLE II. Incapacitated Persons. ====

===== [[1919th Book2 Division01 Title02 Chapter01|Chapter I. Married Women.]] =====

* Sec. 38.

===== Chapter II. Minors. =====

====== [[1919th Book2 Division01 Title02 Chapter02 01|I. Representation of minors.]] ======

* Secs. 39 – 51.

====== [[1919th Book2 Division01 Title02 Chapter02 02|II. Management of a minor's property by his lawful representative.]] ======

====== [[1919th Book2 Division01 Title02 Chapter02 02#1° Management by parent.|1° Management by parent.]] ======

* Secs. 52 – 67.

====== [[1919th Book2 Division01 Title02 Chapter02 02#2° Management by Guardian.|2° Management by Guardian.]] ======

* Secs. 68 – 73.

====== [[1919th Book2 Division01 Title02 Chapter02 03|III. Acts done by a minor.]] ======

* Secs. 74 – 81.

===== Chapter III. Persons with Unsound Mind. =====

====== [[1919th Book2 Division01 Title02 Chapter03 01|I. Representation of persons with unsound mind.]] ======

* Secs. 82 – 89.

====== [[1919th Book2 Division01 Title02 Chapter03 02|II. Management of the property of a person of unsound mind by his lawful representative.]] ======

* Secs. 90 – 92.

====== [[1919th Book2 Division01 Title02 Chapter03 03|III. Acts done by a person of unsound mind.]] ======

* Secs. 93 – 95.

=== '''DIVISION II. Juristic Persons.''' ===

==== [[1919th Book2 Division02 Title01|TITLE I. General Provisions.]] ====

* Secs. 96 – 103.

==== [[1919th Book2 Division02 Title02|TITLE II. Foundations.]] ====

* Secs. 104 – 120.

== '''BOOK ON THINGS.''' ==

=== '''DIVISION I. General Provisions.''' ===

==== [[1919th Book3 Division01 Title01|TITLE I. Different Kind of Things.]] ====

* Secs. 1 – 10.

==== [[1919th Book3 Division01 Title02|TITLE II. Domain of the State.]] ====

* Secs. 11 – 18.

=== '''DIVISION II. Ownership.''' ===

==== TITLE I. Acquisition of Ownership. ====

===== [[1919th Book3 Division02 Title01 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 19 – 27.

===== [[1919th Book3 Division02 Title01 Chapter02|Chapter II. Acquisition by the Effect of Law.]] =====

* Secs. 28 – 39.

===== [[1919th Book3 Division02 Title01 Chapter03|Chapter III. Acquisition by way of Occupation.]] =====

* Secs. 40 – 45.

===== [[1919th Book3 Division02 Title01 Chapter04|Chapter IV. Acquisition by way of Usucapion.]] =====

* Sec. 46.

===== [[1919th Book3 Division02 Title01 Chapter05|Chapter V. Acquisition by way of Inheritance or by the Effect of Obligations.]] =====

* Sec. 47.

==== [[1919th Book3 Division02 Title02|TITLE II. Extent and Exercise of Ownership.]] ====

* Secs. 48 – 59.

==== [[1919th Book3 Division02 Title03|TITLE III. Joint-Ownership.]] ====

* Secs. 60 – 70.

==== [[1919th Book3 Division02 Title04|TITLE IV. Surrender and Abandonment.]] ====

* Secs. 71 – 72.

==== [[1919th Book3 Division02 Title05|TITLE V. Expropriation.]] ====

* Secs. 73 – 94.

=== '''DIVISION III. Possession.''' ===

==== [[1919th Book3 Division03 Title01|TITLE I. General Provisions.]] ====

* Secs. 95 – 108.

==== [[1919th Book3 Division03 Title02|TITLE II. Usucapion.]] ====

* Secs. 109 – 115.

==== [[1919th Book3 Division03 Title03|TITLE III. Recover of Possession.]] ====

* Secs. 116 – 125.

=== '''DIVISION IV. Servitudes.''' ===

==== [[1919th Book3 Division04 Title01|TITLE I. General Provisions.]] ====

* Secs. 126 – 134.

==== [[1919th Book3 Division04 Title02|TITLE II. Real Servitudes Established by Law.]] ====

* Secs. 135 – 145.

==== [[1919th Book3 Division04 Title03|TITLE III. Real Servitudes Created by Contract or Will.]] ====

* Secs. 146 – 152.

==== TITLE IV. Other Servitudes. ====

===== [[1919th Book3 Division04 Title04 Chapter01|Chapter I. Habitation.]] =====

* Secs. 153 – 161.

===== [[1919th Book3 Division04 Title04 Chapter02|Chapter II. Superficies.]] =====

* Secs. 162 – 167.

===== [[1919th Book3 Division04 Title04 Chapter03|Chapter III. Charges on Land.]] =====

* Sec. 168.

―――〈★ ★ ★〉―――

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1919th Main Page

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= '''[[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]]''' =

* The today existing (probably) only copy of its publication is in possession of [https://librarykoha.bu.ac.th/cgi-bin/koha/opac-main.pl '''the main library of Bangkok University''']. The detailed information and images of the original sources are available on [https://openlegaltextbook.ddns.net/Centennial/ the Centennial Website].
* The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the [https://openlegaltextbook.ddns.net/Resources/01_French-Heritage_20190720.pdf "French Advisers' Heritage"].

== '''Authentication Issue of the Copy of the Draft 1919 preserved in BU Library.''' ==
The only existing source of the text of the Draft 1919 is, as described above, its copy preserved in '''the main library of Bangkok University''', which is a part of the “'''Phya Manava Rajsevi Library'''”. All the publications and other documents in this library were donated by พระยามานวราชเสวี himself. In this sense, there is no doubt about the fact that they all are authentic.

From the side of the “[https://www.krisdika.go.th/home Council of State]”, however, there is no confirmation for this authentication issue. Unfortunately, the "[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 '''Archives of the History of Thai Codification''']" contain no copy of the published Draft 1919; as described in the next section below, the Archives contain many versions of Thai translation of the "'''Book I on Obligations"''', but not its original draft in English language. The original text could be identified only for the "'''Book II on Capacity of Persons'''" in the '''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163429 Vol.37, 37/194 — 252].'''

Fortunately, there is another method to authenticate the Copy of the "Book I on Obligations" as follows:

⇒ Please, refer to [[1919th Authentication|the Special Page]] 》

== '''Prehistory and Thai translation of the Draft.''' ==

* The "[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 Archives of the History of Thai Codification]" contain diverse important historical documents regarding the prehistory and Thai translation of the Draft "Civil and Commercial Code for the Kingdom of Siam".
⇒ Please, refer to [[1919th Prehistory|the Special Page]] 》

== '''BOOK ON OBLIGATIONS.''' ==

=== '''PRELIMINARY.''' ===

==== [[1919th Book1 Preliminary Title01|TITLE I. Title, Commencement and Repeal.]] ====

* Secs. 1 – 3.

==== [[1919th Book1 Preliminary Title02|TITLE II. Definitions.]] ====

* Secs. 4 – 10.

==== [[1919th Book1 Preliminary Title03|TITLE III. General Provisions.]] ====

* Secs. 11 – 23.

==== [[1919th Book1 Preliminary Title04|TITLE IV. Rules for construction of documents.]] ====

* Secs. 24 – 30.

==== [[1919th Book1 Preliminary Title05|TITLE V. Periods of time.]] ====

* Secs. 31 – 39.

=== '''DIVISION I. HOW OBLIGATIONS ARISE.''' ===

==== TITLE I. Contracts. ====

===== [[1919th Book1 Division01 Title01 Chapter01|Chapter I. Definition.]] =====

* Sec. 40.

===== [[1919th Book1 Division01 Title01 Chapter02|Chapter II. Conditions for the validity of Contracts.]] =====

* Secs. 41 – 48.

====== [[1919th Book1 Division01 Title01 Chapter02 Part01|Part I. Capacity of Parties.]] ======

* Sec. 49.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02|Part II. Consent.]] ======

* Secs. 50 – 51.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 01|1. Offer and Acceptance.]] ======
* Secs. 52 – 67.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 02|2. Defective Consent.]] ======
* Secs. 68 – 79.

====== [[1919th Book1 Division01 Title01 Chapter02 Part02 03|3. Ratification.]] ======
* Secs. 80 – 84.

====== [[1919th Book1 Division01 Title01 Chapter02 Part03|Part III. Object.]] ======
* Secs. 85 – 87.

==== [[1919th Book1 Division01 Title02|TITLE II. Management of affairs without a mandate.]] ====

* Secs. 88 – 104.

==== TITLE III. Undue Enrichment. ====

===== [[1919th Book1 Division01 Title03 Chapter01|Chapter I. Liability for undue enrichment.]] =====

* Secs. 105 – 108.

===== [[1919th Book1 Division01 Title03 Chapter02|Chapter II. Restitution for undue enrichment.]] =====

* Secs. 109 – 119.

==== TITLE IV. Wrongful Acts. ====

====== [[1919th Book1 Division01 Title04 Chapter01|Chapter I. Liability for Wrongful Acts.]] ======

* Secs. 120 – 126.

====== [[1919th Book1 Division01 Title04 Chapter02|Chapter II. Self-Help.]] ======

* Secs. 127 – 129.

====== [[1919th Book1 Division01 Title04 Chapter03|Chapter III. Lawful defence, lawful command, necessity.]] ======

* Secs. 130 – 131.

====== [[1919th Book1 Division01 Title04 Chapter04|Chapter IV. Compensation for wrongful acts.]] ======

* Secs. 132 – 137.

=== '''DIVISION II. OF SOME PARTICULAR KINDS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division02 Title01|TITLE I. Conditional Obligations.]] ====

* Secs. 138 – 142.

==== [[1919th Book1 Division02 Title02|TITLE II. Obligations subject to a time clause.]] ====

* Secs. 143 – 146.

==== [[1919th Book1 Division02 Title03|TITLE III. Alternative Obligations.]] ====

* Secs. 147 – 153.

==== TITLE IV. Plurality of creditors and debtors. ====

===== [[1919th Book1 Division02 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 154 – 158.

===== Chapter II. Joint Obligations. =====

====== [[1919th Book1 Division02 Title04 Chapter02 Part01|Part I. General Provisions.]] ======
* Secs. 159 – 162.

====== [[1919th Book1 Division02 Title04 Chapter02 Part02|Part II. Joint Creditors.]] ======
* Secs. 163 – 177.

====== Part III. Joint Debtors. ======

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 01|1. Relations between Joint Debtors and the Creditor.]] ======
* Secs. 178 – 191.

====== [[1919th Book1 Division02 Title04 Chapter02 Part03 02|2. Relations between Joint Debtors.]] ======
* Secs. 192 – 197.

===== [[1919th Book1 Division02 Title04 Chapter03|Chapter III. Indivisible Obligations.]] =====

* Secs. 198 – 199.

=== '''DIVISION III. TRANSFER OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division03 Title01|TITLE I. General Provisions.]] ====
* Secs. 200 – 204.

==== [[1919th Book1 Division03 Title02|TITLE II. Transfer of Rights.]] ====
* Secs. 205 – 213.

==== [[1919th Book1 Division03 Title03|TITLE III. Transfer of Liabilities.]] ====
* Secs. 214 – 217.

=== '''DIVISION IV. EFFECTS OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division04 Title01|TITLE I. General Provisions.]] ====
* Secs. 218 – 221.

==== [[1919th Book1 Division04 Title02|TITLE II. Rights of the Creditor.]] ====
* Sec. 222.

===== Chapter I. Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter01 Part01|Part I. Who may perform.]] ======
* Secs. 223 – 224.

====== [[1919th Book1 Division04 Title02 Chapter01 Part02|Part II. Who is entitled to receive.]] ======
* Secs. 225 – 229.

====== [[1919th Book1 Division04 Title02 Chapter01 Part03|Part III. What may performance consist of.]] ======
* Secs. 230 – 245.

====== [[1919th Book1 Division04 Title02 Chapter01 Part04|Part IV. Place of performance.]] ======
* Secs. 246 – 247.

====== [[1919th Book1 Division04 Title02 Chapter01 Part05|Part V. Time of performance.]] ======
* Secs. 248 – 250.

====== [[1919th Book1 Division04 Title02 Chapter01 Part06|Part VI. Appropriation.]] ======
* Secs. 251 – 256.

===== Chapter II. Non-Performance. =====

====== [[1919th Book1 Division04 Title02 Chapter02 Part01|Part I. Default of the debtor.]] ======
* Secs. 257 – 261.

====== [[1919th Book1 Division04 Title02 Chapter02 Part02|Part II. Remedies of the creditor.]] ======
* Secs. 262 – 264.

====== [[1919th Book1 Division04 Title02 Chapter02 Part03|Part III. Specific performance.]] ======
* Secs. 265 – 269.

====== [[1919th Book1 Division04 Title02 Chapter02 Part04|Part IV. Compensation.]] ======
* Secs. 270 – 272.

====== [[1919th Book1 Division04 Title02 Chapter02 Part05|Part V. Assessment of compensation for non-performance.]] ======
* Secs. 273 – 278.

====== [[1919th Book1 Division04 Title02 Chapter02 Part06|Part VI. Penalty clause and earnest money.]] ======
* Secs. 279 – 287.

==== TITLE III. Rights of the Debtor. ====

===== [[1919th Book1 Division04 Title03 Chapter01|Chapter I. Default of the creditor.]] =====
* Secs. 288 – 294.

===== [[1919th Book1 Division04 Title03 Chapter02|Chapter II. Deposit in lieu of performance.]] =====
* Secs. 295 – 305.

=== '''DIVISION V. RIGHTS OF THE CREDITOR OVER THE PROPERTY OF THE DEBTOR.''' ===

==== TITLE I. Respective Rights of the Ordinary and Preferred Creditors. ====

===== [[1919th Book1 Division05 Title01 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 306 – 313.

===== [[1919th Book1 Division05 Title01 Chapter02|Chapter II. Special Preferential Rights.]] =====
* Secs. 314 – 329.

===== [[1919th Book1 Division05 Title01 Chapter03|Chapter III. General Preferential Rights.]] =====
* Secs. 330 – 332.

===== [[1919th Book1 Division05 Title01 Chapter04|Chapter IV. Rank and Effects of Preferential Rights.]] =====
* Secs. 333 – 337.

==== [[1919th Book1 Division05 Title02|TITLE II. Rights of the Creditor to Exercise the Debtor's Rights of Action.]] ====
* Secs. 338 – 342.

==== [[1919th Book1 Division05 Title03|TITLE III. Rights of the Creditor to Cancellation of the Acts Made in Fraud of His Own Rights.]] ====
* Secs. 343 – 349.

=== '''DIVISION VI. EXTINCTION OF OBLIGATIONS.''' ===

==== [[1919th Book1 Division06 Title01|TITLE I. Performance.]] ====
* Sec. 350.

==== [[1919th Book1 Division06 Title02|TITLE II. Release.]] ====
* Sec. 351.

==== [[1919th Book1 Division06 Title03|TITLE III. Set Off.]] ====
* Secs. 352 – 358.

==== [[1919th Book1 Division06 Title04|TITLE IV. Merger.]] ====
* Sec. 359.

==== TITLE V. Prescription. ====

===== [[1919th Book1 Division06 Title05 Chapter01|Chapter I. General Provisions.]] =====
* Secs. 360 – 382.

===== [[1919th Book1 Division06 Title05 Chapter02|Chapter II. Periods of Prescription.]] =====
* Secs. 383 – 387.

=== '''DIVISION VII. SPECIFIC CONTRACTS.''' ===

==== '''TITLE I. Sale.''' ====

===== Chapter I. Nature and Essentials of the Contract of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter01 Part01|Part I. General Provisions.]] ======

* Secs. 388 – 392.

====== [[1919th Book1 Division07 Title01 Chapter01 Part02|Part II. Transfer of Ownership.]] ======

* Secs. 393 – 395.

====== [[1919th Book1 Division07 Title01 Chapter01 Part03|Part III. Promise of Sale.]] ======

* Secs. 396 – 398.

===== Chapter II. Duties and Liabilities of the Seller. =====

====== [[1919th Book1 Division07 Title01 Chapter02 Part01|Part I. Delivery.]] ======

* Secs. 399 – 407.

====== [[1919th Book1 Division07 Title01 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 408 – 411.

====== [[1919th Book1 Division07 Title01 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 412 – 422.

====== [[1919th Book1 Division07 Title01 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Secs. 423 – 425.

===== [[1919th Book1 Division07 Title01 Chapter03|Chapter III. Duty of the Buyer.]] =====

* Secs. 426 – 428.

===== Chapter IV. Of Some Particular Kinds of Sale. =====

====== [[1919th Book1 Division07 Title01 Chapter04 Part01|Part I. Sale with right of redemption.]] ======

* Secs. 429 – 441.

====== [[1919th Book1 Division07 Title01 Chapter04 Part02|Part II. Sale by sample. Sale on approval.]] ======

* Secs. 442 – 447.

====== [[1919th Book1 Division07 Title01 Chapter04 Part03|Part III. Sale by number, quantity, weight or measure.]] ======

* Secs. 448 – 452.

====== [[1919th Book1 Division07 Title01 Chapter04 Part04|Part IV. Sale by auction.]] ======

* Secs. 453 – 461.

==== '''[[1919th Book1 Division07 Title02|TITLE II. Exchange.]]''' ====

* Secs. 462 – 464.

==== '''[[1919th Book1 Division07 Title03|TITLE III. Gift.]]''' ====

* Secs. 465 – 486.

==== '''TITLE IV. Hire of Property.''' ====

===== [[1919th Book1 Division07 Title04 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 487 – 495.

===== Chapter II. Duties and Liabilities of the Lessor. =====

====== [[1919th Book1 Division07 Title04 Chapter02 Part01|Part I. Delivery and repair.]] ======

* Secs. 496 – 500.

====== [[1919th Book1 Division07 Title04 Chapter02 Part02|Part II. Liability for defects.]] ======

* Secs. 501 – 505.

====== [[1919th Book1 Division07 Title04 Chapter02 Part03|Part III. Liability for eviction.]] ======

* Secs. 506 – 515.

====== [[1919th Book1 Division07 Title04 Chapter02 Part04|Part IV. Clause for non-liability.]] ======

* Sec. 516.

===== [[1919th Book1 Division07 Title04 Chapter03|Chapter III. Duties and Liabilities of the Lessee.]] =====

* Secs. 517 – 533.

===== [[1919th Book1 Division07 Title04 Chapter04|Chapter IV. Extinction of the Lease.]] =====

* Secs. 534 – 543.

===== [[1919th Book1 Division07 Title04 Chapter05|Chapter V. Transfer of Lease and Sublease.]] =====

* Secs. 544 – 546.

==== '''[[1919th Book1 Division07 Title05|TITLE V. Hire of Services.]]''' ====

* Secs. 547 – 559.

==== '''[[1919th Book1 Division07 Title06|TITLE VI. Hire of Work.]]''' ====

* Secs. 560 – 586.

==== '''[[1919th Book1 Division07 Title07|TITLE VII. Carriage.]]''' ====
Secs. 587 – 588.

===== Chapter I. Carriage of Goods. =====

====== [[1919th Book1 Division07 Title07 Chapter01 Part01|Part I. General.]] ======

* Secs. 589 – 593.

====== [[1919th Book1 Division07 Title07 Chapter01 Part02|Part II. Duties and liabilities of the carrier.]] ======

* Secs. 594 – 608.

====== [[1919th Book1 Division07 Title07 Chapter01 Part03|Part III. Rights and duties of the sender and the consignee.]] ======

* Secs. 609 – 622.

===== [[1919th Book1 Division07 Title07 Chapter02|Chapter II. Carriage of Passengers.]] =====

* Secs. 623 – 628.

==== '''TITLE VIII. Loan.''' ====

===== [[1919th Book1 Division07 Title08 Chapter01|Chapter I. Loan for Use.]] =====

* Secs. 629 – 647.

===== Chapter II. Loan for Consumption. =====

====== [[1919th Book1 Division07 Title08 Chapter02 Part01|Part I. General Provisions.]] ======

* Secs. 648 – 652.

====== [[1919th Book1 Division07 Title08 Chapter02 Part02|Part II. Special rules for loan of money.]] ======

* Secs. 653 – 656.

==== '''TITLE IX. Deposit.''' ====

===== [[1919th Book1 Division07 Title09 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 657 – 678.

===== [[1919th Book1 Division07 Title09 Chapter02|Chapter II. Special Rules for Deposit of Money.]] =====

* Secs. 679 – 680.

===== [[1919th Book1 Division07 Title09 Chapter03|Chapter III. Special Rules for Innkeepers.]] =====

* Secs. 681 – 686.

==== '''TITLE X. Suretyship.''' ====

===== [[1919th Book1 Division07 Title10 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 687 – 695.

===== [[1919th Book1 Division07 Title10 Chapter02|Chapter II. Effects before Performance.]] =====

* Secs. 696 – 703.

===== [[1919th Book1 Division07 Title10 Chapter03|Chapter III. Effects after Performance.]] =====

* Secs. 704 – 708.

===== [[1919th Book1 Division07 Title10 Chapter04|Chapter IV. Extinction of Suretyship.]] =====

* Secs. 709 – 713.

==== '''TITLE XI. Mortgage.''' ====

===== [[1919th Book1 Division07 Title11 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 714 – 728.

===== [[1919th Book1 Division07 Title11 Chapter02|Chapter II. Extent of Mortgage.]] =====

* Secs. 729 – 735.

===== [[1919th Book1 Division07 Title11 Chapter03|Chapter III. Rights and Duties of the Mortgagee and Mortgagor.]] =====

* Secs. 736 – 742.

===== [[1919th Book1 Division07 Title11 Chapter04|Chapter IV. Enforcement of Mortgage.]] =====

* Secs. 743 – 751.

===== [[1919th Book1 Division07 Title11 Chapter05|Chapter V. Rights and Duties of the Transfee of a Mortgaged Property.]] =====

* Secs. 752 – 763.

===== [[1919th Book1 Division07 Title11 Chapter06|Chapter VI. Extinction of Mortgage.]] =====

* Secs. 764 – 767.

===== [[1919th Book1 Division07 Title11 Chapter07|Chapter VII. Registration.]] =====

* Secs. 768 – 775.

==== '''TITLE XII. Pledge.''' ====

===== [[1919th Book1 Division07 Title12 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 776 – 792.

===== [[1919th Book1 Division07 Title12 Chapter02|Chapter II. Rights and Duties of the Pledgee and Pledgor.]] =====

* Secs. 793 – 800.

===== [[1919th Book1 Division07 Title12 Chapter03|Chapter III. Enforcement of Pledge.]] =====

* Secs. 801 – 809.

===== [[1919th Book1 Division07 Title12 Chapter04|Chapter IV. Extinction of Pledge.]] =====

* Sec. 810.

==== '''TITLE XIII. Warehousing.''' ====

===== [[1919th Book1 Division07 Title13 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 811 – 823.

===== [[1919th Book1 Division07 Title13 Chapter02|Chapter II. Warehouse Receipt and Warrant.]] =====

* Secs. 824 – 843.

==== '''TITLE XIV. Agency.''' ====

===== [[1919th Book1 Division07 Title14 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 844 – 858.

===== [[1919th Book1 Division07 Title14 Chapter02|Chapter II. Duties of the Agent to the Principal.]] =====

* Secs. 859 – 864.

===== [[1919th Book1 Division07 Title14 Chapter03|Chapter III. Duties of the Principal to the Agent.]] =====

* Secs. 865 – 872.

===== [[1919th Book1 Division07 Title14 Chapter04|Chapter IV. Liability of the Principal and Agent to third persons.]] =====

* Secs. 873 – 879.

===== [[1919th Book1 Division07 Title14 Chapter05|Chapter V. Extinction of Agency.]] =====

* Secs. 880 – 889.

===== [[1919th Book1 Division07 Title14 Chapter06|Chapter VI. Subagency.]] =====

* Secs. 890 – 896.

===== [[1919th Book1 Division07 Title14 Chapter07|Chapter VII. Importation Agents.]] =====

* Sec. 897.

==== '''[[1919th Book1 Division07 Title15|TITLE XV. Brokerage.]]''' ====

* Secs. 898 – 906.

==== '''[[1919th Book1 Division07 Title16|TITLE XVI. Compromise.]]''' ====

* Secs. 907 – 912.

===== '''[[1919th Book1 Division07 Title17|TITLE XVII. Gambling and Betting.]]''' =====

* Secs. 913 – 915.

===== '''[[1919th Book1 Division07 Title18|TITLE XVIII. Current Account.]]''' =====

* Secs. 916 – 924.

===== '''[[1919th Book1 Division07 Title19|TITLE XIX. Insurance against Loss.]]''' =====

* Secs. 925 – 938.

===== '''[[1919th Book1 Division07 Title20|TITLE XX. Insurance of Life.]]''' =====

* Secs. 939 – 951.

===== '''TITLE XXI. Bills.''' =====

===== [[1919th Book1 Division07 Title21 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 952 – 963.

===== Chapter II. Bill of Exchange. =====

====== [[1919th Book1 Division07 Title21 Chapter02 Part01|Part I. Drawing of a bill of exchange.]] ======

* Secs. 964 – 977.

====== [[1919th Book1 Division07 Title21 Chapter02 Part02|Part II. Effects of a bill of exchange.]] ======

* Secs. 978 – 981.

====== [[1919th Book1 Division07 Title21 Chapter02 Part03|Part III. Transfer and indorsement.]] ======

* Secs. 982 – 996.

====== Part IV. Acceptance. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 01|1. Acceptance by drawee.]] ======
* Secs. 997 – 1008.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 02|2. Right of recourse in case of non-acceptance.]] ======
* Secs. 1009 – 1027.

====== [[1919th Book1 Division07 Title21 Chapter02 Part04 03|3. Acceptance for honour.]] ======
* Secs. 1028 – 1035.

====== [[1919th Book1 Division07 Title21 Chapter02 Part05|Part V. Suretyship.]] ======

* Secs. 1036 – 1041.

====== Part VI. Payment. ======

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 01|1. General provisions.]] ======
* Secs. 1042 – 1054.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 02|2. Right of recourse in case of non-payment.]] ======
* Secs. 1055 – 1073.

====== [[1919th Book1 Division07 Title21 Chapter02 Part06 03|3. Payment for honour.]] ======
* Secs. 1074 – 1084.

====== [[1919th Book1 Division07 Title21 Chapter02 Part07|Part VII. Bills of exchange in a set.]] ======

* Secs. 1085 – 1089.

===== [[1919th Book1 Division07 Title21 Chapter03|Chapter III. Promissory Notes.]] =====

* Secs. 1090 – 1098.

===== Chapter IV. Cheques. =====

====== [[1919th Book1 Division07 Title21 Chapter04 Part01|Part I. General provisions.]] ======

* Secs. 1099 – 1110.

====== [[1919th Book1 Division07 Title21 Chapter04 Part02|Part II. Crossed cheques.]] ======

* Secs. 1111 – 1113.

===== [[1919th Book1 Division07 Title21 Chapter05|Chapter V. Prescription.]] =====

* Secs. 1114 – 1115.

===== [[1919th Book1 Division07 Title21 Chapter06|Chapter VI. Forged, Stolen and Lost Bills.]] =====

* Secs. 1116 – 1128.

==== '''TITLE XXII. Partnerships and Companies.''' ====

===== [[1919th Book1 Division07 Title22 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 1129 – 1140.

===== Chapter II. Ordinary Partnerships. =====

====== [[1919th Book1 Division07 Title22 Chapter02 Part01|Part I. Definition.]] ======

* Sec. 1141.

====== [[1919th Book1 Division07 Title22 Chapter02 Part02|Part II. Relations of partners between themselves.]] ======

* Secs. 1142 – 1165.

====== [[1919th Book1 Division07 Title22 Chapter02 Part03|Part III. Relations of partners with third persons.]] ======

* Secs. 1166 – 1171.

====== [[1919th Book1 Division07 Title22 Chapter02 Part04|Part IV. Dissolution and liquidation of ordinary partnerships.]] ======

* Secs. 1172 – 1177.

====== [[1919th Book1 Division07 Title22 Chapter02 Part05|Part V. Registration of ordinary partnerships.]] ======

* Secs. 1178 – 1189.

====== [[1919th Book1 Division07 Title22 Chapter02 Part06|Part VI. Amalgamation of registered partnerships.]] ======

* Secs. 1190 – 1193.

===== [[1919th Book1 Division07 Title22 Chapter03|Chapter III. Limited Partnerships.]] =====

* Secs. 1194 – 1215.

===== Chapter IV. Limited Companies. =====

====== [[1919th Book1 Division07 Title22 Chapter04 Part01|Part I. Nature and formation of limited companies.]] ======

* Secs. 1216 – 1244.

====== [[1919th Book1 Division07 Title22 Chapter04 Part02|Part II. Shares and shareholders.]] ======

* Secs. 1245 – 1274.

====== Part III. Management of limited companies. ======

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 01|1. General.]] ======
* Secs. 1275 – 1280.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 02|2. Directors.]] ======
* Secs. 1281 – 1303.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 03|3. General meetings.]] ======
* Secs. 1304 – 1330.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 04|4. Balance-sheet.]] ======
* Secs. 1331 – 1334.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 05|5. Dividends and interests.]] ======
* Secs. 1335 – 1340.

====== [[1919th Book1 Division07 Title22 Chapter04 Part03 06|6. Books and accounts.]] ======
* Secs. 1341 – 1342.

====== [[1919th Book1 Division07 Title22 Chapter04 Part04|Part IV. Audit.]] ======

* Secs. 1343 – 1349.

====== [[1919th Book1 Division07 Title22 Chapter04 Part05|Part V. Inspection.]] ======

* Secs. 1350 – 1354.

====== [[1919th Book1 Division07 Title22 Chapter04 Part06|Part VI. Increases and reductions of capital.]] ======

* Secs. 1355 – 1365.

====== [[1919th Book1 Division07 Title22 Chapter04 Part07|Part VII. Debentures.]] ======

* Secs. 1366 – 1373.

====== [[1919th Book1 Division07 Title22 Chapter04 Part08|Part VIII. Dissolution.]] ======

* Sec. 1374.

====== [[1919th Book1 Division07 Title22 Chapter04 Part09|Part IX. Amalgamation of limited companies.]] ======

* Secs. 1375 – 1380.

====== [[1919th Book1 Division07 Title22 Chapter04 Part10|Part X. Notices.]] ======

* Secs. 1381 – 1382.

===== [[1919th Book1 Division07 Title22 Chapter05|Chapter V. Liquidation of Registered Partnerships, Limited Partnerships and Limited Companies.]] =====

* Secs. 1383 – 1410.

===== [[1919th Book1 Division07 Title22 Chapter06|Chapter VI. Penalties.]] =====

* Secs. 1411 – 1429.

==== '''[[1919th Book1 Division07 Title23|TITLE XXIII. Associations.]]''' ====

* Secs. 1430 – 1463.

== '''BOOK ON CAPACITY OF PERSONS.''' ==

=== '''[[1919th Book2 Preliminary|PRELIMINARY.]]''' ===

* Sec. 1.

=== '''[[1919th Book2 Division01|DIVISION I. Natural Persons.]]''' ===

* Sec. 2.

==== TITLE I. General Provisions. ====

===== [[1919th Book2 Division01 Title01 Chapter01|Chapter I. Age.]] =====

* Secs. 3 – 7.

===== [[1919th Book2 Division01 Title01 Chapter02|Chapter II. Name.]] =====

* Secs. 8 – 18.

===== [[1919th Book2 Division01 Title01 Chapter03|Chapter III. Signature.]] =====

* Secs. 19 – 20.

===== [[1919th Book2 Division01 Title01 Chapter04|Chapter IV. Witness.]] =====

* Secs. 21 – 21.

===== [[1919th Book2 Division01 Title01 Chapter05|Chapter V. Residence.]] =====

* Secs. 22 – 23.

===== [[1919th Book2 Division01 Title01 Chapter06|Chapter VI. Disappearance.]] =====

* Secs. 24 – 37.

==== TITLE II. Incapacitated Persons. ====

===== [[1919th Book2 Division01 Title02 Chapter01|Chapter I. Married Women.]] =====

* Sec. 38.

===== Chapter II. Minors. =====

====== [[1919th Book2 Division01 Title02 Chapter02 01|I. Representation of minors.]] ======

* Secs. 39 – 51.

====== [[1919th Book2 Division01 Title02 Chapter02 02|II. Management of a minor's property by his lawful representative.]] ======

====== [[1919th Book2 Division01 Title02 Chapter02 02#1° Management by parent.|1° Management by parent.]] ======

* Secs. 52 – 67.

====== [[1919th Book2 Division01 Title02 Chapter02 02#2° Management by Guardian.|2° Management by Guardian.]] ======

* Secs. 68 – 73.

====== [[1919th Book2 Division01 Title02 Chapter02 03|III. Acts done by a minor.]] ======

* Secs. 74 – 81.

===== Chapter III. Persons with Unsound Mind. =====

====== [[1919th Book2 Division01 Title02 Chapter03 01|I. Representation of persons with unsound mind.]] ======

* Secs. 82 – 89.

====== [[1919th Book2 Division01 Title02 Chapter03 02|II. Management of the property of a person of unsound mind by his lawful representative.]] ======

* Secs. 90 – 92.

====== [[1919th Book2 Division01 Title02 Chapter03 03|III. Acts done by a person of unsound mind.]] ======

* Secs. 93 – 95.

=== '''DIVISION II. Juristic Persons.''' ===

==== [[1919th Book2 Division02 Title01|TITLE I. General Provisions.]] ====

* Secs. 96 – 103.

==== [[1919th Book2 Division02 Title02|TITLE II. Foundations.]] ====

* Secs. 104 – 120.

== '''BOOK ON THINGS.''' ==

=== '''DIVISION I. General Provisions.''' ===

==== [[1919th Book3 Division01 Title01|TITLE I. Different Kind of Things.]] ====

* Secs. 1 – 10.

==== [[1919th Book3 Division01 Title02|TITLE II. Domain of the State.]] ====

* Secs. 11 – 18.

=== '''DIVISION II. Ownership.''' ===

==== TITLE I. Acquisition of Ownership. ====

===== [[1919th Book3 Division02 Title01 Chapter01|Chapter I. General Provisions.]] =====

* Secs. 19 – 27.

===== [[1919th Book3 Division02 Title01 Chapter02|Chapter II. Acquisition by the Effect of Law.]] =====

* Secs. 28 – 39.

===== [[1919th Book3 Division02 Title01 Chapter03|Chapter III. Acquisition by way of Occupation.]] =====

* Secs. 40 – 45.

===== [[1919th Book3 Division02 Title01 Chapter04|Chapter IV. Acquisition by way of Usucapion.]] =====

* Sec. 46.

===== [[1919th Book3 Division02 Title01 Chapter05|Chapter V. Acquisition by way of Inheritance or by the Effect of Obligations.]] =====

* Sec. 47.

==== [[1919th Book3 Division02 Title02|TITLE II. Extent and Exercise of Ownership.]] ====

* Secs. 48 – 59.

==== [[1919th Book3 Division02 Title03|TITLE III. Joint-Ownership.]] ====

* Secs. 60 – 70.

==== [[1919th Book3 Division02 Title04|TITLE IV. Surrender and Abandonment.]] ====

* Secs. 71 – 72.

==== [[1919th Book3 Division02 Title05|TITLE V. Expropriation.]] ====

* Secs. 73 – 94.

=== '''DIVISION III. Possession.''' ===

==== [[1919th Book3 Division03 Title01|TITLE I. General Provisions.]] ====

* Secs. 95 – 108.

==== [[1919th Book3 Division03 Title02|TITLE II. Usucapion.]] ====

* Secs. 109 – 115.

==== [[1919th Book3 Division03 Title03|TITLE III. Recover of Possession.]] ====

* Secs. 116 – 125.

=== '''DIVISION IV. Servitudes.''' ===

==== [[1919th Book3 Division04 Title01|TITLE I. General Provisions.]] ====

* Secs. 126 – 134.

==== [[1919th Book3 Division04 Title02|TITLE II. Real Servitudes Established by Law.]] ====

* Secs. 135 – 145.

==== [[1919th Book3 Division04 Title03|TITLE III. Real Servitudes Created by Contract or Will.]] ====

* Secs. 146 – 152.

==== TITLE IV. Other Servitudes. ====

===== [[1919th Book3 Division04 Title04 Chapter01|Chapter I. Habitation.]] =====

* Secs. 153 – 161.

===== [[1919th Book3 Division04 Title04 Chapter02|Chapter II. Superficies.]] =====

* Secs. 162 – 167.

===== [[1919th Book3 Division04 Title04 Chapter03|Chapter III. Charges on Land.]] =====

* Sec. 168.

―――〈★ ★ ★〉―――

1919th Authentication

2026-08-31T16:15:44Z

Codesuser: /* DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919) */

1919th Authentication

2026-08-31T16:14:47Z

Codesuser: /* B. III. Document Contents: */

= [[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]] =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===
As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification". Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse handwritten alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter. If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:

* Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
* Date: 18th and 19th October 1921.
* Items: 73 entries.
* Pages: 35/175 – 202.

We can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''B. Contents of the Report of 19th October 1921.''' ===

==== '''B. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
</div>

==== '''B. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">

ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)

</div>

==== '''B. III. Entries:''' ====

===== '''"PARTS"''' =====

* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".

===== '''Sec. 3''' =====

* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.

===== '''Sec. 13''' =====

* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.

===== '''Sec. 18''' =====

* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).

* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".

===== '''Sec. 30''' =====

* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".

===== '''Sec. 32''' =====

* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.

===== '''Sec. 48 2nd. par.''' =====

* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".

===== '''Sec. 52''' =====

* Illustration to be deleted.

===== '''Sec. 54''' =====

* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".

===== '''Sec. 60''' =====

* Minor alterations in the wording of the illustration.

===== '''Sec. 61''' =====

* Minor alterations in the wording of the illustration.

===== '''Sec. 62''' =====

* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".

===== '''Sec. 74''' =====

* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.

===== '''Sec. 79''' =====
* Two words "or fraud" have been omitted in the printing.

===== '''Sec. 85''' =====
* Miner alterations in the wording of the illustration.

===== '''Sec. 86''' =====
* "Invalidity" to be substituted by "voidity".

===== '''Sec. 95''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".

===== '''Sec. 96''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".

===== '''Sec. 108''' =====
* Minor alterations in the wording of the illustration I.

===== '''Sec. 109''' =====
* Illustration to be deleted here, and transferred after section 111.

===== '''Sec. 111''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."

===== '''Sec. 113''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".

===== '''Sec. 117''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".

===== '''Sec. 119''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.

'''Sec. 120'''
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".

===== '''Sec. 123''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.

===== '''Secs. 124 and 125''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.

===== '''Sec. 126''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".

===== '''Sec. 129''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.

===== '''Sec. 130''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".

===== '''Sec. 133''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.

===== '''Sec. 135''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.

===== '''Sec. 136''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.

===== '''Sec. 137''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".

===== '''Sec. 138''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of
Various Kinds of Obligations".

===== '''Sec. 146''' =====
* Minors alterations in the illustration.

===== '''Sec. 151''' =====
* Misprinting. To read: "149" instead of "146".

===== '''Sec. 164''' =====
* Illustration: Instead of: "debt", to say: "sum due".

===== '''Sec. 165''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.

===== '''Sec. 166''' =====
* This section shall be numbered 167.

===== '''Sec. 167''' =====
* This section shall be numbered 168.

===== '''Sec. 168''' =====
* This section shall be numbered 169.

===== '''Sec. 169''' =====
* This section shall be numbered 170.

===== '''Sec. 170''' =====
* This section shall be numbered 171.

===== '''Sec. 171''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.

===== '''Sec. 177''' =====
* The reference "167" to be substituted by "168".

===== '''Sec. 184''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".

===== '''Sec. 185''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).

===== '''Sec. 186''' =====
* This section shall be numbered 185.

===== '''Sec. 187''' =====
* This section shall be numbered 186.

===== '''Sec. 188''' =====
* This section shall be numbered 187.

===== '''Sec. 189''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".

===== '''Sec. 195''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".

===== '''Sec. 202''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".

===== '''Sec. 213''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".

===== '''Sec. 229''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."

===== '''Sec. 259''' =====
* Instead of: "from the moment when", to read: "after".

===== '''Sec. 263''' =====
* Instead of: "before", to read: "at the time when".

===== '''Sec. 270''' =====
* Illustration II has been redrafted.

===== '''Sec. 287''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".

===== '''Sec. 289''' =====
* Instead of: "from the time when", to read: "after".

===== '''Sec. 310''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."

===== '''Sec. 315''' =====
* Misprinting: the reference "294" to be subatituted by "314".

===== '''Sec. 325''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".

===== '''Sec. 328''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").

===== '''Sec. 338''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".

===== '''Sec. 340''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".

===== '''Sec. 343''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.

* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.

===== '''Sec. 344''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".

===== '''Sec. 356''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".

===== '''Sec. 359''' =====
* Instead of: "at once", to read: "at the same time".

===== '''Secs. 363, 364, 385 and 366''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.

===== '''Sec. 386''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.

18 th. October 1921.

1919th Authentication

2026-08-31T16:13:01Z

Codesuser: /* B. I. Attached Letter: */

= [[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]] =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===
As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification". Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse handwritten alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter. If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:

* Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
* Date: 18th and 19th October 1921.
* Items: 73 entries.
* Pages: 35/175 – 202.

We can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''B. Contents of the Report of 19th October 1921.''' ===

==== '''B. I. Attached Letter:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.
Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.
The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.
Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.
I remain, your most faithful servant.
[Signature]
</div>

==== '''B. II. Document Title:''' ====
<div style="margin-left:40px; max-width:600px; background:FloralWhite">

ALTERATIONS
TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)

</div>

==== '''B. III. Document Contents:''' ====

===== '''"PARTS"''' =====

* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".

===== '''Sec. 3''' =====

* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.

===== '''Sec. 13''' =====

* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.

===== '''Sec. 18''' =====

* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).

* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".

===== '''Sec. 30''' =====

* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".

===== '''Sec. 32''' =====

* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.

===== '''Sec. 48 2nd. par.''' =====

* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".

===== '''Sec. 52''' =====

* Illustration to be deleted.

===== '''Sec. 54''' =====

* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".

===== '''Sec. 60''' =====

* Minor alterations in the wording of the illustration.

===== '''Sec. 61''' =====

* Minor alterations in the wording of the illustration.

===== '''Sec. 62''' =====

* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".

===== '''Sec. 74''' =====

* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.

===== '''Sec. 79''' =====
* Two words "or fraud" have been omitted in the printing.

===== '''Sec. 85''' =====
* Miner alterations in the wording of the illustration.

===== '''Sec. 86''' =====
* "Invalidity" to be substituted by "voidity".

===== '''Sec. 95''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".

===== '''Sec. 96''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".

===== '''Sec. 108''' =====
* Minor alterations in the wording of the illustration I.

===== '''Sec. 109''' =====
* Illustration to be deleted here, and transferred after section 111.

===== '''Sec. 111''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."

===== '''Sec. 113''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".

===== '''Sec. 117''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".

===== '''Sec. 119''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.

'''Sec. 120'''
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".

===== '''Sec. 123''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.

===== '''Secs. 124 and 125''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.

===== '''Sec. 126''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".

===== '''Sec. 129''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.

===== '''Sec. 130''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".

===== '''Sec. 133''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.

===== '''Sec. 135''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.

===== '''Sec. 136''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.

===== '''Sec. 137''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".

===== '''Sec. 138''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of
Various Kinds of Obligations".

===== '''Sec. 146''' =====
* Minors alterations in the illustration.

===== '''Sec. 151''' =====
* Misprinting. To read: "149" instead of "146".

===== '''Sec. 164''' =====
* Illustration: Instead of: "debt", to say: "sum due".

===== '''Sec. 165''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.

===== '''Sec. 166''' =====
* This section shall be numbered 167.

===== '''Sec. 167''' =====
* This section shall be numbered 168.

===== '''Sec. 168''' =====
* This section shall be numbered 169.

===== '''Sec. 169''' =====
* This section shall be numbered 170.

===== '''Sec. 170''' =====
* This section shall be numbered 171.

===== '''Sec. 171''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.

===== '''Sec. 177''' =====
* The reference "167" to be substituted by "168".

===== '''Sec. 184''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".

===== '''Sec. 185''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).

===== '''Sec. 186''' =====
* This section shall be numbered 185.

===== '''Sec. 187''' =====
* This section shall be numbered 186.

===== '''Sec. 188''' =====
* This section shall be numbered 187.

===== '''Sec. 189''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".

===== '''Sec. 195''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".

===== '''Sec. 202''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".

===== '''Sec. 213''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".

===== '''Sec. 229''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."

===== '''Sec. 259''' =====
* Instead of: "from the moment when", to read: "after".

===== '''Sec. 263''' =====
* Instead of: "before", to read: "at the time when".

===== '''Sec. 270''' =====
* Illustration II has been redrafted.

===== '''Sec. 287''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".

===== '''Sec. 289''' =====
* Instead of: "from the time when", to read: "after".

===== '''Sec. 310''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."

===== '''Sec. 315''' =====
* Misprinting: the reference "294" to be subatituted by "314".

===== '''Sec. 325''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".

===== '''Sec. 328''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").

===== '''Sec. 338''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".

===== '''Sec. 340''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".

===== '''Sec. 343''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.

* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.

===== '''Sec. 344''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".

===== '''Sec. 356''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".

===== '''Sec. 359''' =====
* Instead of: "at once", to read: "at the same time".

===== '''Secs. 363, 364, 385 and 366''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.

===== '''Sec. 386''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.

18 th. October 1921.

1919th Authentication

2026-08-31T15:41:42Z

Codesuser:

= [[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]] =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===
As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification". Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse handwritten alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter. If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:

* Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
* Date: 18th and 19th October 1921.
* Items: 73 entries.
* Pages: 35/175 – 202.

We can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''B. Contents of the Report of 19th October 1921.''' ===

==== '''B. I. Attached Letter:''' ====
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.

Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.

The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.

Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.

I remain, your most faithful servant.

==== '''B. II. Document Title:''' ====
ALTERATIONS

TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)

==== '''B. III. Document Contents:''' ====

===== '''"PARTS"''' =====

* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".

===== '''Sec. 3''' =====

* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.

===== '''Sec. 13''' =====

* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.

===== '''Sec. 18''' =====

* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).

* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".

===== '''Sec. 30''' =====

* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".

===== '''Sec. 32''' =====

* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.

===== '''Sec. 48 2nd. par.''' =====

* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".

===== '''Sec. 52''' =====

* Illustration to be deleted.

===== '''Sec. 54''' =====

* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".

===== '''Sec. 60''' =====

* Minor alterations in the wording of the illustration.

===== '''Sec. 61''' =====

* Minor alterations in the wording of the illustration.

===== '''Sec. 62''' =====

* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".

===== '''Sec. 74''' =====

* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.

===== '''Sec. 79''' =====
* Two words "or fraud" have been omitted in the printing.

===== '''Sec. 85''' =====
* Miner alterations in the wording of the illustration.

===== '''Sec. 86''' =====
* "Invalidity" to be substituted by "voidity".

===== '''Sec. 95''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".

===== '''Sec. 96''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".

===== '''Sec. 108''' =====
* Minor alterations in the wording of the illustration I.

===== '''Sec. 109''' =====
* Illustration to be deleted here, and transferred after section 111.

===== '''Sec. 111''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."

===== '''Sec. 113''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".

===== '''Sec. 117''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".

===== '''Sec. 119''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.

'''Sec. 120'''
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".

===== '''Sec. 123''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.

===== '''Secs. 124 and 125''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.

===== '''Sec. 126''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".

===== '''Sec. 129''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.

===== '''Sec. 130''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".

===== '''Sec. 133''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.

===== '''Sec. 135''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.

===== '''Sec. 136''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.

===== '''Sec. 137''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".

===== '''Sec. 138''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of
Various Kinds of Obligations".

===== '''Sec. 146''' =====
* Minors alterations in the illustration.

===== '''Sec. 151''' =====
* Misprinting. To read: "149" instead of "146".

===== '''Sec. 164''' =====
* Illustration: Instead of: "debt", to say: "sum due".

===== '''Sec. 165''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.

===== '''Sec. 166''' =====
* This section shall be numbered 167.

===== '''Sec. 167''' =====
* This section shall be numbered 168.

===== '''Sec. 168''' =====
* This section shall be numbered 169.

===== '''Sec. 169''' =====
* This section shall be numbered 170.

===== '''Sec. 170''' =====
* This section shall be numbered 171.

===== '''Sec. 171''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.

===== '''Sec. 177''' =====
* The reference "167" to be substituted by "168".

===== '''Sec. 184''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".

===== '''Sec. 185''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).

===== '''Sec. 186''' =====
* This section shall be numbered 185.

===== '''Sec. 187''' =====
* This section shall be numbered 186.

===== '''Sec. 188''' =====
* This section shall be numbered 187.

===== '''Sec. 189''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".

===== '''Sec. 195''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".

===== '''Sec. 202''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".

===== '''Sec. 213''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".

===== '''Sec. 229''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."

===== '''Sec. 259''' =====
* Instead of: "from the moment when", to read: "after".

===== '''Sec. 263''' =====
* Instead of: "before", to read: "at the time when".

===== '''Sec. 270''' =====
* Illustration II has been redrafted.

===== '''Sec. 287''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".

===== '''Sec. 289''' =====
* Instead of: "from the time when", to read: "after".

===== '''Sec. 310''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."

===== '''Sec. 315''' =====
* Misprinting: the reference "294" to be subatituted by "314".

===== '''Sec. 325''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".

===== '''Sec. 328''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").

===== '''Sec. 338''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".

===== '''Sec. 340''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".

===== '''Sec. 343''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.

* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.

===== '''Sec. 344''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".

===== '''Sec. 356''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".

===== '''Sec. 359''' =====
* Instead of: "at once", to read: "at the same time".

===== '''Secs. 363, 364, 385 and 366''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.

===== '''Sec. 386''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.

18 th. October 1921.

1919th Authentication

2026-08-31T15:33:08Z

Codesuser: /* B. Contents of the Report of 19th October 1921. */

= [[1919th Main Page|DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)]] =

== '''Alternative Method to Authenticate the Copy of the Draft 1919''' ==

=== '''A. Introductory Remarks.''' ===
As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification". Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse handwritten alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter. If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:

* Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
* Date: 18th and 19th October 1921.
* Items: 73 entries.
* Pages: 35/175 – 202.

We can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''B. Contents of the Report of 19th October 1921.''' ===

==== B. I. Attached Letter: ====
Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.

Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.

The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.

Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.

I remain, your most faithful servant.

==== B. II. Document Title: ====
ALTERATIONS

TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)

==== B. III. Document Contents: ====

===== "PARTS" =====

* The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".

===== Sec. 3 =====

* The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.

===== Sec. 13 =====

* The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.

===== Sec. 18 =====

* This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).

* As a consequence, it is suggested to redraft the section as follows:
** "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".

===== Sec. 30 =====

* Instead of: "which version was considered to be the original ...........", say: "which version was intended to govern, the document executed in the Siamese language shall govern".

===== Sec. 32 =====

* We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
** Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.

===== Sec. 48 2nd. par. =====

* The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
* It is suggested to substituted "in execution of the contract" by "as a performance of the contract".

===== Sec. 52 =====

* Illustration to be deleted.

===== Sec. 54 =====

* Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".

===== Sec. 60 =====

* Minor alterations in the wording of the illustration.

===== Sec. 61 =====

* Minor alterations in the wording of the illustration.

===== Sec. 62 =====

* Minor alterations in the wording of the illustration.
* Misprinting to be corrected, the second figure being "400" instead of "500".

===== Sec. 74 =====

* Illustrations to be added to this section, as follows:
** Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
** B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
** II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.

===== '''Sec. 79''' =====
* Two words "or fraud" have been omitted in the printing.

===== '''Sec. 85''' =====
* Miner alterations in the wording of the illustration.

===== '''Sec. 86''' =====
* "Invalidity" to be substituted by "voidity".

===== '''Sec. 95''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".

===== '''Sec. 96''' =====
* Instead of: "If the manager has not undertaken to act contrary ...........", to read: "If the manager has undertaken to act not contrary ...........".

===== '''Sec. 108''' =====
* Minor alterations in the wording of the illustration I.

===== '''Sec. 109''' =====
* Illustration to be deleted here, and transferred after section 111.

===== '''Sec. 111''' =====
* The beginning of the illustration to be modified as follows:
** "Illustration (sections 109, 110 and 111). - A delivers to B an elephant, market value 2,000 baht. believing that such prestation was due. In fact, the prestation was not due. A is entitled to restitution from B.
** If the elephant is still in B's possession ...........etc."

===== '''Sec. 113''' =====
* Illustration. - Reference to section "109" to be substituted by reference to section "111".

===== '''Sec. 117''' =====
* First paragraph. - The word 'for" (before "charges") to be deleted.
* Illustration. - To be modified in order to be clearer, as follows:
** "A is ordered under section 105 to restore to B a house which had been unduly delivered to him by B.
** a) A has incurred 200 baht expenses in repairing the roof of the house and he has paid 50 baht house tax on it. R must reimburse these 250 baht to A. If A has leased the house and collected 180 baht rent, he is entitled to keep such rent if he was in good faith (section 114). But then these 150 baht profits must be deducted from the 250 baht to be reimbursed to him, that is to say that B would have finally to reimburse 100 baht balance;
** b) If A has ascertained at a certain time that the house <s>In</s>[was] on the verge of falling in owing to floods, and has had to make 5.000 baht for the ground works, this is an expense for preservation. Then B must reimburse to A 5,000 baht; and no deduction shall be made of any rent collected by A and which he is entitled to keep on account of his being in good faith".

===== '''Sec. 119''' =====
* This section is to be rend as follows:
** "If the person who has in bad faith unduly received a property has made alterations
in. or additions to it, he must return the property after having put it in its former condition at his own expense. If it is impossible to put it in its former condition or the property would be damaged thereby, he must return it in such condition as it is and he is entitled to no compensation for any increase of value accruing to the property from such alterations or additions, and he is liable to pay compensation for any decrease of value resulting from the same".
* N.B. - The words which are new (underlined words) have been added to make clear an idea which was understood, but has better to be fully explained especially in the Siamese version.

'''Sec. 120'''
* In order to have a better discrimination of the words "intentionally" and "negligently", it is suggested to redraft the section as follows:
** "Whoever intentionally causes injury to another person, or whoever causes such injury negligently. that is to say, under any of the following circumstances:
*** 1) By omission of such care as may be expected from a person or ordinary prudence, or
*** 2) By omission of such skill and care in a profession as may be expected from a person exercising such profession, or
*** 3) In disobedience to any law, bye-law or lawful order,
** is said to commit a wrongful act and is bound to make compensation to the injured person".

===== '''Sec. 123''' =====
* The illustration is objectionable, and it is proposed to give no illustration for this section which is perfectly clear by itself.

===== '''Secs. 124 and 125''' =====
* It is suggested: first. that the rank of these two sections be reversed, to be read more logically; second, that the Court may, instead of being bound, decide the proportion in which the compensation must be borne by the wrongdoers, because, as a rule, the present practice of the Siamese Courts is repugnant to decide upon points which have not been submitted by the parties themselves.
* In order to meet these suggestions, the following alterations are proposed:
** 124. - If a wrongful act has been committed by several persons, the several wrongdoers are jointly liable for the payment of the whole of the compensation to the injured person unless otherwise decided by the Court.
** 125. - As between the several wrongdoers themselves, the Court may decide the proportion in which the compensation must be borne by each of them.

===== '''Sec. 126''' =====
* Instead of: "by section 91 of the Penal Code", to read: "by the Penal Code".

===== '''Sec. 129''' =====
* This section deals with self-help and the second sentence says that a creditor who uses self-help contrary to the provisions of sections 127 and 123 commits a wrongful act and has no defence by alleging "that me was ignorant that his act was wrongful or that his ignorance was not due to his own fault".
* This second sentence has been objected to as being unuseful or even not exact.
* Since the creditor commits a wrongful act. we are governed by section 120 (definition of wrongful acts). and generally the wrongful act specified in section 129 will be committed by "omission of care".
* On the other hand. to say that it is no defence to say that the creditor's "ignorance was not due to his own fault" appears somewhat difficult to understand for the reader. And, moreover, it has never been possible to exonerate oneself from liability for wrongful act-by one alleging that one was ignorant without one's fault.
* The first sentence of the section seems to be sufficient and it is suggested to delete the second sentence of the section.

===== '''Sec. 130''' =====
* Second paragraph. - To delete the word "lawful" (in "lawful command"). This word is objectionable, because the command, which was to be obeyed by the injuring person as being a subordinate. has probably been something not lawful in itself.
* Cf. the words: "who wrongfully gave the command".

===== '''Sec. 133''' =====
* The words "as refer to restitution made" are to be deleted as having no utility.

===== '''Sec. 135''' =====
* To say "for medical treatment' instead of "during illness".
* Cf. de Becker's Japanese Code Commentary under section 710.

===== '''Sec. 136''' =====
* To say "for medical treatment" instead of "during illness"; Cf. 135.
* To say "or" instead of "and" in the enumeration of parents.

===== '''Sec. 137''' =====
* Instead of: "by section 96 of the Penal Code", to read: "by the Penal Code".

===== '''Sec. 138''' =====
* The name of Division II (of Some Particular Kinds of Obligations) has been objected to. The English word "Particular", it is said, has not the meaning of the French word "Modalités" which is used in the Swiss Code. To come nearer to the French wording, it is deemed convenient to say: "Of
Various Kinds of Obligations".

===== '''Sec. 146''' =====
* Minors alterations in the illustration.

===== '''Sec. 151''' =====
* Misprinting. To read: "149" instead of "146".

===== '''Sec. 164''' =====
* Illustration: Instead of: "debt", to say: "sum due".

===== '''Sec. 165''' =====
* Second paragraph. Instead of: "he is entitled to ...........", to say: "the debtor may ...........".
* This second paragraph becomes section 166.

===== '''Sec. 166''' =====
* This section shall be numbered 167.

===== '''Sec. 167''' =====
* This section shall be numbered 168.

===== '''Sec. 168''' =====
* This section shall be numbered 169.

===== '''Sec. 169''' =====
* This section shall be numbered 170.

===== '''Sec. 170''' =====
* This section shall be numbered 171.

===== '''Sec. 171''' =====
* The suppression of this section has been requested because the solution which is proposed in section 171 has been given up about twenty years ago in Siamese law and is disfavoured as being unfit for the customs of the country.
* Any way, the matter may be reconsidered when the Civil Procedure Code shall be drafted.

===== '''Sec. 177''' =====
* The reference "167" to be substituted by "168".

===== '''Sec. 184''' =====
* Omission in printing. Instead of: "in favour of one joint debtors", to read: "in favour of one of the joint debtors".

===== '''Sec. 185''' =====
* The suppression of this section has been requested in the same conditions as for section 171 (see herebefore).

===== '''Sec. 186''' =====
* This section shall be numbered 185.

===== '''Sec. 187''' =====
* This section shall be numbered 186.

===== '''Sec. 188''' =====
* This section shall be numbered 187.

===== '''Sec. 189''' =====
* The first paragraph of this section shall be numbered 188.
* The second paragraph shall become section 189 reading separately as follows:
** "If the release is granted to a debtor personally, his share only in the obligation is extinguished to the extent of the release".

===== '''Sec. 195''' =====
* The wording of the first paragraph is slightly altered as follows:
** "The joint debtor who has satisfied the creditor is subrogated to the rights of the creditor against the other joint debtors up to the amount satisfied by him on behalf of such other joint debtors".

===== '''Sec. 202''' =====
* The attention of the Commission of Codification has been called upon the use of the words "distress", "attachment" and "seizure" in the Siamese legislation.
* After a careful examination of the respective meaning of these words in English, the Commissioners have been of opinion that to use only the word "seizure" is sufficient and more proper for the Siamese language, provides that distinction between a seizure before or after judgment shall be made when necessary. (Cf. the word "saisie" in French).
* Several sections of the Code of Obligations have been altered accordingly.
* Section 202 shall read: "An obligation seized by an order of a Court, before or after judgment, cannot be transferred by the creditor".

===== '''Sec. 213''' =====
* Section 213 deals with the right and conditions of transfer of rights which are subject to litigation.
* Upon the request of the Committee of Translation, this important [question] has been reconsidered and discussed again (see Annex II to the present Report).
* After this examination. it has been decided that section 213 of the Draft would be substitused by the following one:
** "Any transfer of right for a reciprocal prestation, whilst subject to litigation, is void".

===== '''Sec. 229''' =====
* See note for section 202.
* Section 229 shall read: "If the debtor performs the obligation notwithstanding an order for seizure before or after judgment ..........."

===== '''Sec. 259''' =====
* Instead of: "from the moment when", to read: "after".

===== '''Sec. 263''' =====
* Instead of: "before", to read: "at the time when".

===== '''Sec. 270''' =====
* Illustration II has been redrafted.

===== '''Sec. 287''' =====
* The English version has been modified in order to be clearer.
* No. 1 shall read: "if he has received the earnest money. he is entitled to forfeit it";
* No. 2 shall read: "if he has delivered the earnest money, he can claim double amount of earnest money".

===== '''Sec. 289''' =====
* Instead of: "from the time when", to read: "after".

===== '''Sec. 310''' =====
* See note for section 202.
* Section 310 shall read: 'If the property of a debtor has been seized by order of the Court in execution of a judgment .........."

===== '''Sec. 315''' =====
* Misprinting: the reference "294" to be subatituted by "314".

===== '''Sec. 325''' =====
* See note for section 202.
* Section 325 (second paragraph) shall read: "The lessor can object to such movables being removed until be has been satisfied. and seize them if necessary to prevent their removal".

===== '''Sec. 328''' =====
* See note for section 202.
* Section 328 (third paragraph) shall read: "Provided that such monies or properties be seized by order of the Court, either before or after judgment. before they are paid or delivered to the debtor".
* A misprinting is to be corrected: the words "by the creditor" have been omitted (line 2, after "exercised").

===== '''Sec. 338''' =====
* The practice of the Siamese Civil Procedure (Civ. Pr. Code, s. 83) is that civil actions provided for by section 338 are exercised in the name of the creditor.
* The Committee of Translation have requested that the words "in the name of the debtor" be substituted by "in the name of the creditor".
* No difficulty. The words "in the name of the debtor" have been the translation of the French meaning "au nom du débiteur" what means as well in English "on behalf of the debtor".
* It is then proposed to say, to be clear and complete: "in his own name on behalf of the debtor".

===== '''Sec. 340''' =====
* In this section, to say that the defendant "can have such action dismissed" would mean, according to the Siamese Civil Procedure, that the costs should be borne by the plaintiff (creditor suing in the name of the debtor).
* Of course, the costs must be borne by the defendants; to avoid any difficulty, it is suggested to redraft the section as follows:
** "The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that if the original debtor joined as plaintiff, he may proceed to judgment for the balance".

===== '''Sec. 343''' =====
* The Committee of Translation have requested that the Drafting 1910 be taken again for this section: so that the words "judgment creditor' by the ends of No. 2 and No. 3 be substituted by the words "creditor". The wording would be very clear without such a repetition.

* The Committee of Redaction have no objection against the alteration, being understood that no misconstruction may arise, and that any way the "creditor" named by the ends of Nos. 2 and 3 is and remains the "judgment creditor" named by the beginning of the section. Of course, in law, it is necessary that the creditor entitled to exercise the action specified in section 243 be a creditor the title of which is anterior to the transfer or renunciation made by the debtor in fraud of the creditor's rights. The consequence being that the date of the title must be known and ascertained accurately and undisputedly. Then, as in Siam there is no better way to have such date made sure and definite than a Judgment of a Court, it is necessary that <s>a</s>[the] creditor be always a judgment creditor.

===== '''Sec. 344''' =====
* Same objection has been raised against this section as against section 340, viz: the word "dismissed" would, according to the Siamese Civil Procedure, mean that the plaintiff has to bear the costs and fees of the case.
* The same modification is proposed as for section 340, that is to say:
** "In such action. the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim".

===== '''Sec. 356''' =====
* See note for section 202.
* Section 356 shall read: "A debtor cannot notify set off after the obligation has been seized by order of the Court, either before or after judgment".

===== '''Sec. 359''' =====
* Instead of: "at once", to read: "at the same time".

===== '''Secs. 363, 364, 385 and 366''' =====
* These sections deal with prescription and consider the following points:
** shall prescription be set up by the Court itself, when the parties did not do so?
** shall prescription be set up as a defence at any stage of the proceedings and in any Court?
* The question is an important one, and the Committee of Translation have requested to reconsider the questions from the Siamese point of view.
* The French Committee have quite agreed that section 363 of the Draft entitling the Court to set up themselves the prescription as a defence when the parties did not do so is contrary to the practices of many other Codes (French, German, Swiss, Japanese, etc.).
* The reason to adopt this provision twelve years ago, was, as we read in the Preparatory Works, that it was feared that the parties in this country were often unaware of their own rights. And the point was rather much discussed.
* But twelve years have elapsed and the French Committee are quite prepared to admit that such fears say be given up at the present time. They propose therefore to cancel section 363 and to say:
** "When prescription has not been set up as a defence, the Court cannot dismiss the claim on the ground of prescription".
* As to section 364, the position is not so clear. Indeed, the present practice is not only that the defence of prescription cannot be set up before the Dika Court for the first time, but that even it cannot be set up before the Appeal Court for the first time. This is the English Law, which is contrary to the Continental Law in the matter. The French Committee are of opinion that the point requires some consideration more, and can hardly be decided and settled up for a special case like that of section 364 alone: as a fact, the point is connected with the whole Civil Procedure, and it would be better to reserve it, to say nothing in the Code of Obligations, and to have a full consideration of the matter when coming to the examination of the Civil Procedure. It may be noted that the Japanese Civil Code has done so.
* This suggestion having been adopted, to avoid renumbering of the whole Code, it has been proposed:
** to cancel section 364;
** section 365 being numbered 364;
** section 366, paragraph 1, being numbered 365;
** section 366, paragraphs 2 and 3, being numbered 366.
** Illustration of 366 accordingly.

===== '''Sec. 386''' =====
* This section deals with period of prescription for obligations resulting from judgments. etc. The Committee of Translation have suggested that the end of the section (whatever the original cause of action may have been) is objectionable because it has been avoided in the Code to use the word "cause", which besides is ambiguous in the present section. It has been agreed that no doubt may arise as to the interpretation of the section if the said words are deleted, and it is suggested to do so.

18 th. October 1921.

1919th Authentication

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1919th Authentication

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Codesuser:

1919th Authentication

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Codesuser: /* Contents of the Report of 19th October 1921. */

== DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919) ==

= '''Alternative Method to Authenticate the Copy of the Draft 1919''' =

=== '''Introductory Remarks.''' ===
As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification". Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse handwritten alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter. If we could identify any ''exactly corresponding descriptions of such alterations and corrections'' in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as ''indirect evidence for the authentication of the copy''.

Just such documents could be found in the Archive titled as "'''DRAFT CODE ON OBLIGATIONS, VI'''" ('''[https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163427 Vol.35, ID=163427]'''). It contains a following set of documents:

* Title: "'''ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)'''"
* Date: 18th and 19th October 1921.
* Items: 73 entries.
* Pages: 35/175 – 202.

We can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy. This circumstance suggests that ''our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921''.

=== '''Contents of the Report of 19th October 1921.''' ===

<h3 style="margin-left:40px;max-width:500px; background:azure;">Attached Letter:</h3>

Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:
Bangkok 19 th. Octoler 1921.

Your Excellency,
I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.

The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.

Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.

I remain, your most faithful servant.

<h3 style="margin-left:40px;max-width:500px; background:azure;">Document Title:</h3>

ALTERATIONS

TO THE
DRAFT CODE OF OBLIGATIONS 1919
— — — — —
First Part: GENERAL (Sections 1 to 387)

<h3 style="margin-left:40px;max-width:500px; background:azure;">Document Contents:</h3>

<h4 style="margin-left:40px; text-align: center; max-width:500px;>"PARTS"</h4>

The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be
called "Parts".

<h4 style="margin-left:40px; text-align: center; max-width:500px;>3</h4>
The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of
this kind.

<h4 style="margin-left:40px; text-align: center; max-width:500px;>13</h4>
The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the
Courts to misconstructions.

<h4 style="margin-left:40px; text-align: center; max-width:500px;>18</h4>


This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).

As a consequence, it is suggested to redraft the section as follows:

"Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".

<h4 style="margin-left:40px; text-align:center; max-width:500px;>30</h4>
Instead of: "which version was considered to be the original ............."
say: "which version was intended to govern,
the document executed in the Siamese language shall govern".

<h4 style="margin-left:40px; text-align:center; max-width:500px;>32</h4>
We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:

Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.

<h4 style="margin-left:40px; text-align: center; max-width:500px;>48 2nd. par.</h4>
The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.

It is suggested to substituted "in execution of the contract" by "as a performance of the contract".

<h4 style="margin-left:40px; text-align: center; max-width:500px;>52</h4>
Illustration to be deleted.

<h4 style="margin-left:40px; text-align: center; max-width:500px;>54</h4>
Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".

<h4 style="margin-left:40px; text-align: center; max-width:500px;>60</h4>
Minor alterations in the wording of the illustration.

<h4 style="margin-left:40px; text-align: center; max-width:500px;>61</h4>
Minor alterations in the wording of the illustration.

<h4 style="margin-left:40px; text-align: center; max-width:500px;>62</h4>
Minor alterations in the wording of the illustration.
Misprinting to be corrected, the second figure being "400" instead of "500".

<h4 style="margin-left:40px; text-align: center; max-width:500px;>74</h4>
Illustrations to be added to this section, as follows:
Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.

1919th Authentication

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Codesuser: /* Contents of the Report of 19th October 1921. */