1924th Book3 Title03

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 III. Gift.

Section 530.

• A contract of gift is a contract whereby a person, called the donor, agrees to transfer gratuitously a property of his own to another person, called the donee, and the donee agrees to accept such property.

- Collaboration of Dr.James, 1st instalment, August 1923, P.41/69

- Thai translation: P.86/33

《Genealogies》

1. Draft of 1919: Ob.465
2. Code of January 1925: 521
3. Code of January 1929: 521

Section 531.

• A gift may be made by granting to the donee the a release of an obligation or by performing an obligation due from by the donee.

- Collaboration of Dr.James, 1st instalment, August 1923, P.41/69

- Thai translation: P.86/33

《Genealogies》

1. Draft of 1919: Ob.466
2. Code of January 1925: 522
3. Code of January 1929: 522

Section 532.

• A renunciation by an heir of to an inheritance or of to a share in an inheritance is not a gift made to the other heirs.

- Collaboration of Dr.James, 1st instalment, August 1923, P.41/69

- Thai translation: P.86/34

《Genealogies》

1. Draft of 1919: Ob.467
2. Code of January 1925: -
3. Code of January 1929: -

Section 533.

• A gift of property the sale of which is subject to the execution of an official document is void unless made in writing before the proper official.

- Thai translation: P.86/34

《Genealogies》

1. Draft of 1919: Ob.468
2. Code of January 1925: 525
3. Code of January 1929: 525

Section 534.

• If a gift has been made in writing before the proper official and the donor does not deliver to the donee the property given, the donee is entitled to claim the delivery of it or its value, but he is not entitled to any additional compensation.

- Thai translation: P.86/34

《Genealogies》

1. Draft of 1919: Ob.469
2. Code of January 1925: 526
3. Code of January 1929: 526

Section 535.

• A gift of property the sale of which is not subject to the execution of an official document is complete only on delivery of the property given.

- Thai translation: P.86/34

《Genealogies》

1. Draft of 1919: Ob.470
2. Code of January 1925: 523
3. Code of January 1929: 523

Section 536.

• [I] If it is agreed that the delivery of the property given shall be made by instalments, the donor can at any time determine the gift as to any future instalment.
• [II] Such gift is also extinguished as to any further instalment on the death of the donor.

- Thai translation: P.86/35

《Genealogies》

1. Draft of 1919: Ob.471
2. Code of January 1925: 527
3. Code of January 1929: 527

Section 537.

• The donor is not liable for injury caused to the donee by defects existing in the property given, unless at the time of the contract he knew and concealed from the donee that such property was likely to cause injury.

- Thai translation: P.86/35

《Genealogies》

1. Draft of 1919: Ob.472
2. Code of January 1925: -
3. Code of January 1929: -

Section 538.

• The donor is not liable for injury caused to the donee by eviction as described prescribed in Section 417 concerning sale, unless, at the time of the contract, he knew and concealed from the donee the reason grounds for such eviction.

- Collaboration of Dr.James, 1st instalment, August 1923, P.41/69

- Thai translation: P.86/35

《Genealogies》

1. Draft of 1919: Ob.473
2. Code of January 1925: -
3. Code of January 1929: -

Section 539.

• Whenever the donor is liable for injury caused to the donee by defects existing in the property given or by eviction, the provisions of Sections 410 475, 414 479, 415 480, 416 481 and 419 484 concerning sale apply mutatis mutandis.

- Thai translation: P.86/36

《Genealogies》

1. Draft of 1919: Ob.474
2. Code of January 1925: -
3. Code of January 1929: -

Section 540.

• If the gift is made on condition that the donee shall make a prestation to the donor or to a third person the gift is said to be subject to a charge.

- Thai translation: P.86/36

《Genealogies》

1. Draft of 1919: Ob.475
2. Code of January 1925: 528
3. Code of January 1929: 528

Section 541.

• If the donee fails to perform the charge the donor is entitled to claim cancellation of the gift.

- Thai translation: P.86/36

《Genealogies》

1. Draft of 1919: Ob.476
2. Code of January 1925: 528
3. Code of January 1929: 528

Section 542.

• If performance of the charge is to be performed made to a third person, and the donee fails to perform it, the such third person is entitled to claim performance from the donee.

- Collaboration of Dr.James, 1st instalment, August 1923, P.41/70

- Thai translation: P.86/36

《Genealogies》

1. Draft of 1919: Ob.477
2. Code of January 1925: -
3. Code of January 1929: -

Section 543.

• If the charge is for the benefit of the public, the Government is entitled to claim its performance.

- Thai translation: P.86/36

《Genealogies》

1. Draft of 1919: Ob.478
2. Code of January 1925: -
3. Code of January 1929: -

Section 544.

• If the property given is not sufficient to perform satisfy the charge, the donee is bound to perform it only as far as to the extent of the value of the property allows.

- Collaboration of Dr.James, 1st instalment, August 1923, P.41/70

- Thai translation: P.86/38

《Genealogies》

1. Draft of 1919: Ob.479
2. Code of January 1925: 529
3. Code of January 1929: 529

Section 545.

• If the gift is subject to a charge, the liability of the donor for defects or eviction is the same as that of a seller, but is limited up to the amount of the charge only.

- Collaboration of Dr.James, 1st instalment, August 1923, P.41/70

- Thai translation: P.86/36

《Genealogies》

1. Draft of 1919: Ob.480
2. Code of January 1925: 530
3. Code of January 1929: 530

Section 546.

• If the donee is convicted by a final judgment of having intentionally and unlawfully caused the death of the donor, the heirs of the donor are entitled to claim cancellation of the gift by the Court.

- Thai translation: P.86/36

《Genealogies》

1. Draft of 1919: Ob.481
2. Code of January 1925: 532
3. Code of January 1929: 532

Section 547.

• In such case the The right of the heirs to claim cancellation is extinguished by prescription six months after such final judgment.

- Collaboration of Dr.James, 1st instalment, August 1923, P.41/70

- Thai translation: P.86/36

《Genealogies》

1. Draft of 1919: Ob.482
2. Code of January 1925: -
3. Code of January 1929: -

Section 548.

• If the donee intentionally and unlawfully attempts to cause the death of the donor, the donor is entitled to claim cancellation of the gift by the Court.

- Thai translation: P.86/40

《Genealogies》

1. Draft of 1919: Ob.483
2. Code of January 1925: -
3. Code of January 1929: -

Section 549.

• The heirs of the donor can may exercise take advantage of the action provided for described in Section 483, unless the donor has forgiven the offence.

- Collaboration of Dr.James, 1st instalment, August 1923, P.41/71

- Thai translation: P.86/40

《Genealogies》

1. Draft of 1919: Ob.484
2. Code of January 1925: -
3. Code of January 1929: -

Section 550.

• [I] The right of the heirs to claim cancellation is extinguished by prescription six months after the date of the death of the donor.
• [II] No action can be entered later than ten years after the attempt.

- Thai translation: P.86/40

《Genealogies》

1. Draft of 1919: Ob.485
2. Code of January 1925: 533
3. Code of January 1929: 533

Section 551.

• A gift to take effect at the death of the donor is governed by the provisions of law concerning inheritance and wills.

- Thai translation: P.86/40

《Genealogies》

1. Draft of 1919: Ob.486
2. Code of January 1925: 536
3. Code of January 1929: 536