1924th Book3 Title07

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 VII. Hire of Work.

Section 628.

• A contract of hire of work is a contract whereby a person, called the contractor, agrees to do a definite work for another person, called hirer of work, and the hirer of work agrees to pay him a remuneration for the result of the work a remuneration, called the price.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Thai translation: P.86/71b

《Genealogies》

1. Draft of 1919: Ob.560
2. Code of January 1925: 587
3. Code of January 1929: 587

Section 629.

• Tools or instruments which are necessary for the execution of the work shall be supplied by the contractor.

- Thai translation: P.86/71b

《Genealogies》

1. Draft of 1919: Ob.561
2. Code of January 1925: 588
3. Code of January 1929: 588

Section 630.

• If the materials for the work are to be supplied by the contractor, the contractor shall supply materials of good quality.

- Thai translation: P.86/71b

《Genealogies》

1. Draft of 1919: Ob.562
2. Code of January 1925: 589
3. Code of January 1929: 589

Section 631.

• If the materials are to be supplied by the hirer of work, the contractor shall use them carefully and without waste. He shall return the surplus, if any, after the work is completed.

- Thai translation: P.86/71b

《Genealogies》

1. Draft of 1919: Ob.563
2. Code of January 1925: 590
3. Code of January 1929: 590

Section 632.

• If during the execution of the work it becomes apparent that the ground selected by the hirer of work or the materials supplied by him are defective or unsuited to the work, the contractor must notify the hirer of work at once, failing which he shall be liable for the defects or delay caused by the unsuitableness or defects of such ground or materials.

- Thai translation: P.86/72

《Genealogies》

1. Draft of 1919: Ob.564
2. Code of January 1925: 591
3. Code of January 1929: 591

Section 633.

• The contractor is bound to allow the hirer of work or his agents to inspect the work during its execution.

- Thai translation: P.86/72

《Genealogies》

1. Draft of 1919: Ob.565
2. Code of January 1925: 592
3. Code of January 1929: 592

Section 634.

• If the hirer of work has reasonable ground to think that for any reason whatsoever except his own act or fault, the work will not be finished within the time fixed in the contract ( or within a reasonable time if no time is fixed in the contract), he may notify the contractor to proceed with the work within a reasonable time to be fixed in the notice.

- Thai translation: P.86/72

《Genealogies》

1. Draft of 1919: Ob.566
2. Code of January 1925: 593
3. Code of January 1929: 593

Section 635.

• If for any reason whatsoever except the act or fault of the hirer of work, the work is being badly executed or is being executed contrary to the terms of the contract, the hirer of work may notify the contractor to make the defects good or to comply with the terms of the contract within a reasonable time to be fixed in the notice.

- Thai translation: P.86/75

《Genealogies》

1. Draft of 1919: Ob.567
2. Code of January 1925: 594
3. Code of January 1929: 594

Section 636.

• If the work delivered is defective, the hirer of work must, immediately after the discovery of the defect, notify the contractor to make the defect good within a reasonable time to be fixed in the notice, failing which he is deemed to have accepted the defective work.

- Thai translation: P.86/75

《Genealogies》

1. Draft of 1919: Ob.568
2. Code of January 1925: -
3. Code of January 1929: -

Section 637.

• If the contractor does not comply with the notice, the hirer of work has the remedies described in this Code concerning non-performance, except that the Court cannot order the work to be done by a third person at the expense of the contractor.

- Thai translation: P.86/75

《Genealogies》

1. Draft of 1919: Ob.569
2. Code of January 1925: -
3. Code of January 1929: -

Section 638.

• If the materials have been supplied by the contractor, his liability for defects is governed by the provisions of this Code concerning sale.

- Thai translation: P.86/75

《Genealogies》

1. Draft of 1919: Ob.570
2. Code of January 1925: 595
3. Code of January 1929: 595

Section 639.

• If the work is delivered after the time fixed in the contract, or, if no time was fixed, after an unreasonable delay, the hirer of work is entitled, as the Court may think fit, either to a reduction of price remuneration on cancellation of the contract, with compensation if any be due.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Thai translation: P.86/76

《Genealogies》

1. Draft of 1919: Ob.571
2. Code of January 1925: 596
3. Code of January 1929: 596

Section 640.

• If the hirer of work has accepted the work without reservation either expressly or impliedly the contractor is no longer liable for delay in delivery or for defects, unless the defects were such as could not be discovered when the work was accepted, or they had been concealed by the contractor.

- Thai translation: P.86/76

《Genealogies》

1. Draft of 1919: Ob.572
2. Code of January 1925: 597, 598
3. Code of January 1929: 597, 598

Section 641.

• If the work was done on land and its removal would be unreasonably expensive, the contract shall not be cancelled but the hirer of work shall be entitled to such reduction of price remuneration as the Court may think fit.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Thai translation: P.86/76

《Genealogies》

1. Draft of 1919: Ob.573
2. Code of January 1925: -
3. Code of January 1929: -

Section 642.

• The contractor is not liable for defects or delay caused by the hirer of work.

- Thai translation: P.86/76

《Genealogies》

1. Draft of 1919: Ob.574
2. Code of January 1925: -
3. Code of January 1929: -

Section 643.

• In case of delay in delivery or of delivery of a defective work, the hirer of work is entitled to withhold the price remuneration as provided by Section 411 concerning sale.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Thai translation: P.86/78

《Genealogies》

1. Draft of 1919: Ob.575
2. Code of January 1925: 599
3. Code of January 1929: 599

Section 644.

• [I] The liability of the contractor for defects is limited to the defects appearing within one year after delivery of the work.
• [II] If the work is for a structure on land other than a wooden building, the contractor is liable for the defects which may appear within five years after delivery of the work.

- Thai translation: P.86/78

《Genealogies》

1. Draft of 1919: Ob.576
2. Code of January 1925: 600
3. Code of January 1929: 600

Section 645.

• The liability of the contractor is extinguished by prescription one year after the defect appeared.

- Thai translation: P.86/78

《Genealogies》

1. Draft of 1919: Ob.577
2. Code of January 1925: 601
3. Code of January 1929: 601

Section 646.

• If the work is to be done by instalments and the price remuneration is fixed at so much per instalment, the agreed part of the price remuneration must be paid on delivery of each instalment.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Thai translation: P.86/78

《Genealogies》

1. Draft of 1919: Ob.578
2. Code of January 1925: -
3. Code of January 1929: -

Section 647.

• The contractor cannot claim more, nor the hirer of work pay less, than the price remuneration agreed, no matter what the actual labour was.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Thai translation: P.86/80

《Genealogies》

1. Draft of 1919: Ob.579
2. Code of January 1925: -
3. Code of January 1929: -

Section 648.

• [I] If an estimate only was made for the work, and the remuneration is not more than five per cent over the estimate, the hirer of work is bound to accept the work and pay the remuneration.
• [II] If the remuneration is more than five per cent over the estimate, the hirer of work can claim cancellation of contract.
• If the contract is based upon an estimate of costs without the contractor assuming that such an estimate is correct and final, and the costs for the work exceed the estimate, the following rules shall apply:
  • (1) if the costs are not more than file percent over the estimate, the hirer of work is bound to accept the work and pay the remuneration;
  • (2) if the costs are more than five percent over the estimate, the hirer of work can claim cancellation of the contracts.

- Commission of Codification, 28th Nov. 1921, P.40/113

- Thai translation: P.86/80

《Genealogies》

1. Draft of 1919: Ob.580
2. Code of January 1925: -
3. Code of January 1929: -

Section 649.

• The hirer of work is bound to pay any excess of price remuneration caused by him.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Thai translation: P.86/80

《Genealogies》

1. Draft of 1919: Ob.581
2. Code of January 1925: -
3. Code of January 1929: -

Section 650.

• If the work is destroyed before delivery by force majeure, neither party is entitled to compensation.

- Thai translation: P.86/80

《Genealogies》

1. Draft of 1919: Ob.582
2. Code of January 1925: 603
3. Code of January 1929: 603

Section 651.

• If the work is destroyed before delivery because the materials supplied by the hirer of work a defective or unsuitable, or through the act or fault of the hirer of work, the contractor is entitled to compensation for labour done and expenses incurred by him.

- Thai translation: P.86/83

《Genealogies》

1. Draft of 1919: Ob.583
2. Code of January 1925: 604
3. Code of January 1929: 604

Section 652.

• As long as the work is not finished, the hirer of work can determine the contract on making compensation to the contractor for any injury resulting from the determination of the contract.

- Thai translation: P.86/83

《Genealogies》

1. Draft of 1919: Ob.584
2. Code of January 1925: 605
3. Code of January 1929: 605

Section 653.

• [I] A contract of hire of work may be determined at the death of the contractor by the heirs of the contractor giving notice to the hirer of work within two months after such death.
• [II] The hirer of work is bound to accept such part of the work as is already done, and to pay a reasonable price remuneration for it, provided that it be of some use to him.

- Commission of Codification, 4th Nov. 1921, P.40/112

- Thai translation: P.86/83

《Genealogies》

1. Draft of 1919: Ob.585
2. Code of January 1925: 606
3. Code of January 1929: 606

Section 654.

• The contractor can sublet the whole or part of the contract to subcontractors unless the contract is one in which the personality of the contractor forms an essential part, but he remains liable for any act or fault of such subcontractors.

- Thai translation: P.86/84

《Genealogies》

1. Draft of 1919: Ob.586
2. Code of January 1925: 607
3. Code of January 1929: 607