1924th Book3 Title15 Chapter01

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (April 1924)

BOOK III ON SPECIFIC CONTRACTS. (April 1924)

• Reconstructed from the Documents in Vols. 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
• For the details, please, refer to the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".

← Previous Page | Next Page →

TITLE XV. Agency.

Chapter I. General Provisions.

Section 903.

• A contract of agency is a contract whereby a person, called the principal, directs another person, called the agent, to act for him and the agent agrees to do so.

《Genealogies》

1. Draft of 1919: Ob.844
2. Code of January 1925: 797(I)
3. Code of January 1929: 797(I)

Section 904.

• Agency may be express or implied.

《Genealogies》

1. Draft of 1919: Ob.845
2. Code of January 1925: 797(II)
3. Code of January 1929: 797(II)

Section 905.

• An employee is presumed to have an implied authority to do for his employer whatever is customary in the course of his employment.

《Genealogies》

1. Draft of 1919: Ob.846
2. Code of January 1925: -
3. Code of January 1929: -

Section 906.

• The compradore of a Bank is presumed to have no authority to bind his employer.

《Genealogies》

1. Draft of 1919: Ob.847
2. Code of January 1925: -
3. Code of January 1929: -

Section 907.

• Unless refused at once, an offer of agency is deemed to be accepted by the agent if it refers to acts to be done in the ordinary course of his business or which the agent offered to do by a notice or advertisement addressed to the public.

《Genealogies》

1. Draft of 1919: Ob.848
2. Code of January 1925: -
3. Code of January 1929: -

Section 908.

• Acts done by an agent on behalf of an incapacitated principal are valid only in so far as they would be valid if done by the incapacitated person himself.

《Genealogies》

1. Draft of 1919: Ob.849
2. Code of January 1925: -
3. Code of January 1929: -

Section 909.

• Agency is void in so far as the principal directs the agent to do acts which by nature or by law cannot be done through representatives.

《Genealogies》

1. Draft of 1919: Ob.850
2. Code of January 1925: -
3. Code of January 1929: -

Section 910.

• [I] The principal who employs an incapacitated person as an agent is bound by the acts of that agent in the same way as if he was capable.
• [II] But the liability of the agent to the principal is governed by the provisions concerning capacity.

《Genealogies》

1. Draft of 1919: Ob.851
2. Code of January 1925: 799
3. Code of January 1929: 799

Section 911.

• If the principal appoints an agent without limiting or specifying the nature or extent of his authority, the agent is said to have a general authority.

《Genealogies》

1. Draft of 1919: Ob.852
2. Code of January 1925: -
3. Code of January 1929: -

Section 912.

• If the nature or extent of his authority is limited or specified, the agent is said to have a special authority.

《Genealogies》

1. Draft of 1919: Ob.853
2. Code of January 1925: -
3. Code of January 1929: -

Section 913.

• The agent who has a special authority can do on behalf of his principal whatever is necessary for the due execution of the matters entrusted to him.

《Genealogies》

1. Draft of 1919: Ob.854
2. Code of January 1925: 800
3. Code of January 1929: 800

Section 914.

• The agent who has a general authority can do anything on behalf of his principal, except:
  • (1) Sell immovable property.
  • (2) Make a gift.
  • (3) Make a compromise.
  • (4) Enter an action in Court.
  • (5) Submit a dispute to arbitration.

《Genealogies》

1. Draft of 1919: Ob.855
2. Code of January 1925: 801
3. Code of January 1929: 801

Section 915.

• In case of emergency, the agent can do in order to protect his principal from loss all such acts as would be done by a person of ordinary prudence in his own case.

《Genealogies》

1. Draft of 1919: Ob.856
2. Code of January 1925: 802
3. Code of January 1929: 802

Section 916.

• The agent is only entitled to receive a remuneration in the cases provided by agreement or by custom.

《Genealogies》

1. Draft of 1919: Ob.857
2. Code of January 1925: 803
3. Code of January 1929: 803

Section 917.

• If several agents have been appointed by the same principal for the same matters, it is presumed that they cannot act separately.

《Genealogies》

1. Draft of 1919: Ob.858
2. Code of January 1925: 804
3. Code of January 1929: 804