1924th Book3 Title04 Chapter03

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 IV. Hire of Property.

Chapter III. Duties and Liabilities of the Lessee.

Section 582.

• The lessee cannot use the property hired for purposes other than those which are ordinary purposes and usual or purposes which have been provided for in appearing from the contract.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/76

- Thai translation: P.86/54

《Genealogies》

1. Draft of 1919: Ob.517
2. Code of January 1925: 552
3. Code of January 1929: 552

Section 583.

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

- Thai translation: P.86/54

《Genealogies》

1. Draft of 1919: Ob.518
2. Code of January 1925: 553
3. Code of January 1929: 553

Section 584.

• Ordinary maintenance and petty repairs shall be borne by the lessee.

- Thai translation: P.86/54

《Genealogies》

1. Draft of 1919: Ob.519
2. Code of January 1925: 553
3. Code of January 1929: 553

Section 585.

• If the lessee uses the property hired contra acts contrary to the provisions of Section 517 582, 518 583 or 519 584, or contra contrary to the terms of the contract, the lessor may notify the lessee to comply with such provisions or terms, and if the lessee fails to comply with such notice, the lesson may determine the contract.

- Commission of Codification, 21st. Oct. 1921, P.40/105

- Thai translation: P.86/55

《Genealogies》

1. Draft of 1919: Ob.520
2. Code of January 1925: 554
3. Code of January 1929: 554

Section 586.

• The lessee of a paddy field who has not paid the rent in advance must begin work on that field at the such customary time as is customary.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/76

- Thai translation: P.86/55

《Genealogies》

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

Section 587.

• The lessee is bound to allow the lessor or his agents to inspect the property hired at reasonable times and intervals.

- Thai translation: P.86/55

《Genealogies》

1. Draft of 1919: Ob.522
2. Code of January 1925: 555
3. Code of January 1929: 555

Section 588.

• The lessee is bound to allow the lessor to do whatever is necessary for keeping the property in good order and repair and for its preservation, provided that if. If the lessee is deprived thereby of the use or profits benefits of the property hired he is entitled either to determination of the lease or to a decrease of rent proportionate to the period time and extent of deprivation and if such deprivation is substantial both with regard to time and extent, the lessee may determine the lease.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/77

- Thai translation: P.86/55

《Genealogies》

1. Draft of 1919: Ob.523
2. Code of January 1925: 556
3. Code of January 1929: 556

Section 589.

• [I] In any of the following cases:
  • (1) If the property hired is in need of repairs by the lessor, or
  • (2) If a preventive measure is required for avoiding a danger, or
  • (3) If a third person encroaches on the property hired or claims a right over it,
• the lessee shall forth with inform the lessor of the occurrence, unless the lessor already has knowledge of it.
• [II] If the lessee fails to inform the lessor, unless the lessor already has knowledge of the occurance, the lessee is liable to the lessor for any injury resulting from the delay occasioned by such failure.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/77

- Thai translation: P.86/57

《Genealogies》

1. Draft of 1919: Ob.524
2. Code of January 1925: 557
3. Code of January 1929: 557

Section 590.

• The lessee may not make any alteration in, or addition to, the property hired without the permission of the lessor.

- Thai translation: P.86/57

《Genealogies》

1. Draft of 1919: Ob.525
2. Code of January 1925: 558
3. Code of January 1929: 558

Section 591.

• If the lessor has granted permission to the lessee to make alterations or additions, the lessee is entitled, at the extinction or determination of the lease, to reimbursement of for his expenses, up to not exceeding the amount of the increase in value which to the property at the time of such extinction or determination of the lease is still deriving arising from the such additions or alterations.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/77

- Thai translation: P.86/57

《Genealogies》

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

Section 592.

• [I] If the lessee makes additions or alterations without the permission of the lessor, he is not entitled to reimbursement therefor, but he may is allowed remove, at the extinction or determination of the lease, to take away whatever he may have added to the property, provided that this can be done without damage to the property, and he puts must restore the property in to its former condition.
• [II] If it is impossible to put restore the property in to its former condition or if the property would be damaged thereby, the property must be surrendered restored with the such alterations additions, and no compensation therefor shall be due to the lessee.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/78

- Thai translation: P.86/59

《Genealogies》

1. Draft of 1919: Ob.527
2. Code of January 1925: 558
3. Code of January 1929: 558

Section 593.

• If no time for payment of rent is fixed by the contract or by custom, the rent must be paid at the end of each period for which it is stipulated, that is to say: if a property is leased at so much per year, the rent is payable at the end of each year; if a property is leased at so much per month, the rent is payable at the end of each month.

- Thai translation: P.86/59

《Genealogies》

1. Draft of 1919: Ob.528
2. Code of January 1925: 559
3. Code of January 1929: 559

Section 594.

• [I] In case of non-payment of rent, the lessor may determine the contract lease.
• [II] But, if the rent be is payable at monthly or at longer intervals, the lessor must first notify the lessee to pay it that payment is required within a period of not less than fifteen days.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/78

- Thai translation: P.86/59

《Genealogies》

1. Draft of 1919: Ob.529
2. Code of January 1925: 560
3. Code of January 1929: 560

Section 595.

• [I] At the determination or extinction of the lease, the lessee is bound to restore the property hired.
• [II] He is liable for any loss or damage caused during the continuance of the lease by his own fault or by the fault of the persons who are living with him.
• [III] He is not liable for loss or damage resulting from the agreed or lawful use of the property hired.

- Thai translation: P.86/60

《Genealogies》

1. Draft of 1919: Ob.530
2. Code of January 1925: 562
3. Code of January 1929: 562

Section 596.

• If no written description of the condition of the property hired has been made and signed by both parties, the lessee is presumed to have received the property hired in good order and repair.

- Thai translation: P.86/60

《Genealogies》

1. Draft of 1919: Ob.531
2. Code of January 1925: 561
3. Code of January 1929: 561

Section 597.

• The obligations incurred by the lessee towards the lessor in connection with the lease are extinguished by prescription six months after the restoration of the property hired.

- Thai translation: P.86/60

《Genealogies》

1. Draft of 1919: Ob.532
2. Code of January 1925: 563
3. Code of January 1929: 563

Section 598.

• The outgoing lessee of agricultural land bound, in so far as he does not suffer any injury thereby to allow the incoming lessee to prepare the land for planting.

- Thai translation: P.86/60

《Genealogies》

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