1924th Book3 Title21 Chapter03

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (April 1924)

BOOK III ON SPECIFIC CONTRACTS. (April 1924)

• Reconstructed from the Documents in Vols. 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
• For the details, please, refer to the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".

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TITLE XXI. Bills.

Chapter III. Promissory Notes.

Section 1140.

• A promissory note is a written instrument by which a person, called the maker, promises to pay a sum of money to, or to the order of, a person, called the payee.

《Genealogies》

1. Draft of 1919: Ob.1090
2. Code of January 1925: 982
3. Code of January 1929: 982

Section 1141.

• A promissory note must be dated, signed by the maker, and must contain the following particulars :
  • (1) A sum certain in money.
  • (2) The name or trade name of the payee.
  • (3) An unconditional promise to pay.
  • (4) The place where the promissory note is made.
  • (5) A day of maturity.

《Genealogies》

1. Draft of 1919: Ob.1091
2. Code of January 1925: 983
3. Code of January 1929: 983

Section 1142.

• If the maker does not state in the promissory note a place of payment, the place where it is made is the place of payment.

《Genealogies》

1. Draft of 1919: Ob.1092
2. Code of January 1925: 984
3. Code of January 1929: 984

Section 1143.

• The following provisions of Chapter II concerning bills of exchange apply mutatis mutandis to promissory notes :
• Sections <966>[1036] to <969>[1039], <972>[1042], <974>[1044] to <977>[1046] concerning the drawing of a bill of exchange.
• Sections <978>[1047], <980>[1049], <981>[1050] concerning the effects of a bill of exchange.
• Sections <982>[1051] to <988>[1057], <990>[1059] to <996>[1065] concerning transfer and indorsement.
• Sections <1036>[1078] to <1041>[1083] concerning suretyship.
• Sections <1042>[1084] to <1054>[1096] concerning payment.
• Sections <1055>[1108] to <1073>[1115] concerning the right of recourse in case of non-payment.
• Sections <1077>[1116] to <1084>[1134] concerning payment for honour.

《Genealogies》

1. Draft of 1919: Ob.1093
2. Code of January 1925: 985
3. Code of January 1929: 985

Section 1144.

• [I] The holder of a promissory note payable at the end of a period after sight must present it to the maker within one year from its date, or, if the maker has specified a shorter time in the promissory note, within such time.
• [II] If the holder fails to present the promissory note within the above mentioned time, he loses his right of recourse against the prior indorsers.

《Genealogies》

1. Draft of 1919: Ob.1094
2. Code of January 1925: -
3. Code of January 1929: -

Section 1145.

• The maker must note on the promissory note the date of presentation and sign it.

《Genealogies》

1. Draft of 1919: Ob.1095
2. Code of January 1925: -
3. Code of January 1929: -

Section 1146.

• [I] If the maker merely puts his signature on the promissory note, the promissory note is deemed to have been duly presented to him and any person can fill up the date.
• [II] If there is no date, the last day of the time fixed by section <1094>[1144] is deemed to be the day of presentation.

《Genealogies》

1. Draft of 1919: Ob.1096
2. Code of January 1925: -
3. Code of January 1929: -

Section 1147.

• If the maker does not on presentation sign the promissory note as provided by section <1095>[1145], the holder and the indorsers have a right of recourse against the prior parties, provided that they comply with the provision of sections <1011>[1118] to <1027>[1134] concerning bills of exchange, mutatis mutandis.

《Genealogies》

1. Draft of 1919: Ob.1097
2. Code of January 1925: -
3. Code of January 1929: -

Section 1148.

• If the holder fails to have a protest made, he loses his right of recourse against all prior parties except the maker.

《Genealogies》

1. Draft of 1919: Ob.1098
2. Code of January 1925: -
3. Code of January 1929: -