1924th Book3 Title06: Difference between revisions
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== BOOK III ON SPECIFIC CONTRACTS. (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. [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163432 40], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163433 41], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163434 42], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163435 43], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163436 44], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163437 45], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163438 46], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163439 47], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163473 86], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163474 87], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163475 88], and [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163476 89] of '''[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 “The Archives of the History of Thai Codification”]'''. | ||
* For the details, please, refer to the "Introductory Notes" to the '''[https://openlegaltextbook.ddns.net/Centennial/Draft1924/Draft1924_all.pdf ''"Reconstructed Book III on Specific Contracts"'']'''. | * For the details, please, refer to the page of [[1924th Introduction|'''"Introduction'''"]] and the "Introductory Notes" to the '''[https://openlegaltextbook.ddns.net/Centennial/Draft1924/Draft1924_all.pdf ''"Reconstructed Book III on Specific Contracts"'']'''. | ||
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Latest revision as of 08:57, 13 October 2026
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".
Section 615.
- A contract of hire of services is a contract whereby a person called the employee agrees to render services to another person, called the employer, and the employer agrees to pay therefor a remuneration
, called salary, proportionate tofor the duration of the services.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/80
- Thai translation: P.86/67
《Genealogies》
Section 616.
- The promise to pay a
salaryremuneration is implied ifthe services cannot, under the circumstances of the case, it cannot be expected to be rendered gratuitously.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/80
- Thai translation: P.86/68
《Genealogies》
Section 617.
- The employer cannot transfer his right to a third person, except with the consent of the employee.
- Thai translation: P.86/68
《Genealogies》
Section 618.
- The employee cannot render the services by a third person, except with the consent of the employer.
- Thai translation: P.86/68
《Genealogies》
- Draft of 1919: Ob.550
- Code of January 1925: -
- Code of January 1929: -
Section 619.
- If the employee either expressly or impliedly warrants special skill on his part, the absence of such skill entitles the employer to determine the contract.
- Thai translation: P.86/68
《Genealogies》
Section 620.
- Absence of the employee from service for a reasonable cause and during a reasonably short period does not entitle the employer to determine the contract.
- Thai translation: P.86/68
《Genealogies》
Section 621.
- If no time for payment of
salaryremuneration is fixed by the contract or by custom the salary is payable after services have been rendered ; if fixed by periods,salarythe remunieration is payable at the end of each period.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Thai translation: P.86/69
《Genealogies》
Section 622.
- If after the end of the agreed period the employee continues to render services and the employer knowing thereof does not object, the parties are presumed to have made a new contract of hire on the same terms, but either party can determine the contract by giving notice in accordance with the following section.
- Thai translation: P.86/69
《Genealogies》
Section 623.
- [I] If the parties have not fixed the duration of the contract, either party can determine it by giving notice at or before any time of payment to take effect at the following time of payment.
- [II] The employer can, on giving such notice, immediately dispense with the services of the employee by paying to the employee his
salaryremuneration up to the expiration of the notice.
- Commission of Codification, 4th Nov. 1921, P.40/112
- Thai translation: P.86/69
《Genealogies》
Section 624.
- In case of workmen paid by the day
andor of domestic servants the employeecanmay determine the contract at any time without previous notice. The workman or domestic servant has the same right subject to the provision of Section 335 No. 20 of the Penal Code.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/80
- Thai translation: P.86/71a
《Genealogies》
Section 625.
- If a contract of hire of services is one in which the personality of the employer forms an essential part such contract is extinguished by the death of the employer.
- Thai translation: P.86/71a
《Genealogies》
Section 626.
- On expiration, determination or extinction of the contract, the employee is entitled to a certificate as to the length and nature of his services.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/80
- Thai translation: P.86/71a
《Genealogies》
Section 627.
- If the employee has been brought from elsewhere at the expense of the employer, the employer is bound, on the expiration, determination or extinction of the contract, unless it is otherwise provided in the contract, to pay the cost of the return journey, provided that:
- (1) The contract has not been determined or extinguished by reason of the act or fault of the employee, and
- (2) The employee returns within a reasonable time to the place from which he has been brought.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/81
- Thai translation: P.86/71a
《Genealogies》
