1924th Book3 Title15 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 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.

- Thai translation: P.86/177

《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.

- Thai translation: P.86/178

《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.

- Thai translation: P.86/178

《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.

- Thai translation: P.86/178

《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.
• A person who does not refuse at once an offer of agency made to him and referring to acts to be done either in the ordinary course of his business or on account of notice or advertisement addressed by him to the public, is deemed to have accepted the offer.

- Decision of the Revising Committee, 25th October 1922, P.42/61

- Thai translation: P.86/178

《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.

- Thai translation: P.86/178

《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.

- Thai translation: P.86/179

《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.

- Thai translation: P.86/179

《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.

- Thai translation: P.86/179

《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.

- Thai translation: P.86/179

《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 may do on behalf of his principal whatever is necessary for the due execution of the matters entrusted to him.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/107

- also Vol.87, P.87/4

- Thai translation: P.86/180

《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 may 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.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/107

- also Vol.87, P.87/4

- Thai translation: P.86/180

《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 may 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.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/107

- also Vol.87, P.87/5

- Thai translation: P.86/180

《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 only in the cases when remuneration is provided for by in the agreement or by custom.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/107

- also Vol.87, P.87/5

- Thai translation: P.86/180

《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 can may not act separately.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/107

- Vol.87, P.87/5

- Thai translation: P.86/182

《Genealogies》

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