1924th Book3 Title09 Chapter01

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

BOOK III ON SPECIFIC CONTRACTS. (April 1924)

• The following text of the Draft for the Book III of the "Civil and Commercial Code for the Kingdom of Siam" was reconstructed from the Documents in Vols. 40, 41, 42, 43, 44, 45, 46, 47, 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
• For the details, please, refer to the page of "Introduction" and the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".

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TITLE IX. Loan.

Chapter I. Loan for Use.

Section 697.

• A contract of loan for use is a contract whereby a person, called the lender, agrees to let another person, called the borrower, have the use of a property without paying remuneration and the borrower agrees to return the property after having had the use of it.

- Thai translation: P.86/101

《Genealogies》

1. Draft of 1919: Ob.629
2. Code of January 1925: 640
3. Code of January 1929: 640

Section 698.

• A contract of loan for use is complete only on delivery of the property lent.

- Thai translation: P.86/101

《Genealogies》

1. Draft of 1919: Ob.630
2. Code of January 1925: 641
3. Code of January 1929: 641

Section 699.

• Costs of the contract, costs of delivery of the property lent and costs of return must be are borne by the borrower.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/81

- Thai translation: P.86/101

《Genealogies》

1. Draft of 1919: Ob.631
2. Code of January 1925: 642
3. Code of January 1929: 642

Section 700.

• Delivery of the property lent is governed by the provisions of this Code concerning sale.

- Thai translation: P.86/101

《Genealogies》

1. Draft of 1919: Ob.632
2. Code of January 1925: -
3. Code of January 1929: -

Section 701.

• The borrower cannot use the property lent for purposes other than ordinary purposes or purposes appearing from the contract itself.

- Thai translation: P.86/102

《Genealogies》

1. Draft of 1919: Ob.633
2. Code of January 1925: 643
3. Code of January 1929: 643

Section 702.

• The borrower cannot let a third person have the use of the property lent.

- Thai translation: P.86/102

《Genealogies》

1. Draft of 1919: Ob.634
2. Code of January 1925: 643
3. Code of January 1929: 643

Section 703.

• If the borrower acts contrary to any of the provisions of Section 633 701 or and 634 702, he becomes is liable for any loss or damage even caused by force majeure to the property lent whether caused by force majeure or otherwise, unless he proves that the property would have been lost or damaged in the same way even if he had not acted contrary to such provisions.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/82

- Thai translation: P.86/102

《Genealogies》

1. Draft of 1919: Ob.635
2. Code of January 1925: 643
3. Code of January 1929: 643

Section 704.

• The borrower is bound to take as much care of the property lent as a person of ordinary prudence would take of his own property.

- Thai translation: P.86/102

《Genealogies》

1. Draft of 1919: Ob.636
2. Code of January 1925: 644
3. Code of January 1929: 644

Section 705.

• If the borrower acts contrary to any of the provisions of Section 633 701, 634 702 or and 636 704, the lender can may determine the contract.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/82

- Thai translation: P.86/103

《Genealogies》

1. Draft of 1919: Ob.637
2. Code of January 1925: 645
3. Code of January 1929: 645

Section 706.

• [I] If a third person who claims a right over the property lent enters an action against the borrower or attaches the property, the borrower must forth with give notice thereof to the lender.
• [II] After the borrower has been served with a writ at the suit of the claimant or after attachment, the borrower cannot return the property, except on an order of the Court or with the consent of the parties to the case.

- Thai translation: P.86/103

《Genealogies》

1. Draft of 1919: Ob.638
2. Code of January 1925: -
3. Code of January 1929: -

Section 707.

• If the parties have fixed no time for the return, the borrower must return the property after he has had the use of it for the purposes appearing from the contract, provided that the lender can may claim the return as soon as a time reasonably sufficient for such use has elapsed.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/82

- Thai translation: P.86/103

《Genealogies》

1. Draft of 1919: Ob.639
2. Code of January 1925: 646(I)
3. Code of January 1929: 646(I)

Section 708.

• If the parties have fixed no time for the return and the purposes of the loan do not appear from the contract, the lender can may claim return at any time.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/82

- Thai translation: P.86/103

《Genealogies》

1. Draft of 1919: Ob.640
2. Code of January 1925: 646(II)
3. Code of January 1929: 646(II)

Section 709.

• [I] Expenses for ordinary maintenance of the property lent must be borne by the borrower.
• [II] Any other charges upon the property lent must be borne by the lender.

- Thai translation: P.86/105

《Genealogies》

1. Draft of 1919: Ob.641
2. Code of January 1925: 647
3. Code of January 1929: 647

Section 710.

• The borrower may not make any alteration in, or addition to the property lent without the permission of the lender.

- Thai translation: P.86/105

《Genealogies》

1. Draft of 1919: Ob.642
2. Code of January 1925: -
3. Code of January 1929: -

Section 711.

• [I] If the lender has granted permission to the borrower to make alterations or additions, the borrower is entitled, at the extinction of the loan, to reimbursement of his expenses up to not exceeding the amount of the increase in value which to the property is still deriving from the such additions or alterations existing at the time of such extention.
• [II] The borrower is entitled to withhold the property until such reimbursement.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/83

- Thai translation: P.86/105

《Genealogies》

1. Draft of 1919: Ob.643
2. Code of January 1925: -
3. Code of January 1929: -

Section 712.

• [I] If the borrower makes additions or alterations without the permission of the lender, he is not entitled to reimbursement, but he is allowed, at the extinction of the loan, to take away whatever he added to the property, provided that he puts the property in its former condition.
• [II] If it is impossible to put the property in its former condition or the property would be damaged thereby, the property must be restored with the alterations or additions and no compensation therefor shall be due to the borrower.

- Thai translation: P.86/106

《Genealogies》

1. Draft of 1919: Ob.644
2. Code of January 1925: -
3. Code of January 1929: -

Section 713.

• In case of loss of the property lent, the value to be taken into account for the assessment of compensation is the value which such property would have had at the time when and at the place where it ought to have been returned.

- Thai translation: P.86/106

《Genealogies》

1. Draft of 1919: Ob.645
2. Code of January 1925: -
3. Code of January 1929: -

Section 714.

• A contract of loan for use is extinguished by the death of the borrower.

- Thai translation: P.86/106

《Genealogies》

1. Draft of 1919: Ob.646
2. Code of January 1925: 648
3. Code of January 1929: 648

Section 715.

• The liability for compensation or reimbursement of expenses in connection with a contract of loan for use is extinguished by prescription six months after the extinction of such contract.

- Thai translation: P.86/106

《Genealogies》

1. Draft of 1919: Ob.647
2. Code of January 1925: 649
3. Code of January 1929: 649