1919th Authentication

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (1919)

Alternative Method to Authenticate the Copy of the Draft 1919

A. Introductory Remarks.

As explained on the "1919th Main Page", it is not possible to directly authenticate our copy of the Draft 1919 due to lack of corresponding documents in the "Archives of the History of Thai Codification". Nevertheless, there is still another possibility to indirectly authenticate it; namely utilizing the diverse handwritten alterations and corrections to the English text of the copy — most of them are handwritten, several ones are written on a typewriter. If we could identify any exactly corresponding descriptions of such alterations and corrections in any documents in the "Archives of the History of Thai Codification", then such documents could be evaluated as indirect evidence for the authentication of the copy.

Just such documents could be found in the Archive titled as "DRAFT CODE ON OBLIGATIONS, VI" (Vol.35, ID=163427). It contains a following set of documents:

• Title: "ALTERATION TO THE DRAFT CODE OF OBLIGATIONS 1919 BEFORE PROMULGATION, First Part: GENERAL (Sections 1 to 387)"
• Date: 18th and 19th October 1921.
• Items: 73 entries.
• Pages: 35/175 – 202.

We can find exactly corresponding alterations and corrections in our copy of the Draft 1919 for most of these entries. 6 entries of them were not written to our copy. This circumstance suggests that our copy of the Draft 1919 show its stand shortly before the submission of the just named report "ALTERATION TO THE DRAFT OF OBLIGATIONS 1919 ..." on 19th October 1921.

B. Contents of the Report of 19^th October 1921.

B. I. Attached Letter:

Mr. R. Guyon to H. E. Chao Phya Abhai Raja, Minister of Justice, President of the Commission of Codification:

Bangkok 19 th. Octoler 1921.

Your Excellency,

I beg to submit to you the Report of the alterations suggested by both the Committee of Redaction and the Committee of Translation to the Draft Code of Obligations 1919 before the promulgation of the same.

The present Report concerns the first Part of the Code (sections 1 to 387) which contains any kind of general provisions of civil law, and is now translated into Siamese and ready to be promulgated and published.

Another Report will follow further to contain the alterations in the second Part of the Code (sections 388 to 1463) when ready for translation and promulgation.

I remain, your most faithful servant.

B. II. Document Title:

ALTERATIONS

TO THE

DRAFT CODE OF OBLIGATIONS 1919

— — — — —

First Part: GENERAL (Sections 1 to 387)

B. III. Document Contents:

"PARTS"

• The sub-divisions of Chapters (numbered as I. II, III, IV, etc.) shall be called "Parts".

Sec. 3

• The Committee of Translation suggest the addition of the word "bye-laws" which is used in the present Siamese texts of this kind.

Sec. 13

• The word "private" to be deleted: because it adds nothing to the word "agreement", and is only likely to induce the Courts to misconstructions.

Sec. 18

• This section has been reconsidered and a note submitted to that effect by the French Committee (see Annex I to the present Report).

• As a consequence, it is suggested to redraft the section as follows:
  • "Creation. extinction or modification of rights and fulfilment of obligations must be made in good faith".

Sec. 30

• Instead of: "which version was considered to be the original .............", say: "which version was intended to govern, the document executed in the Siamese language shall govern".

Sec. 32

• We have been of opinion that the illustration for this section is too complicate and has better to be substituted by the following one:
  • Illustration. - On the 1st. of July 2463 at 10 a.m. A lends to B 100 baht to be returned on the 1st. of September 2463. B is not obliged to return the money on this day at 10 a.m., but only before the end of the day.

Sec. 48 2nd. par.

• The words "in execution of the contract" are objectionable, because the word "execution" has not been used in the other parts of the Code, and is not advisable owing to the habitual use of the word "performance" in similar cases.
• It is suggested to substituted "in execution of the contract" by "as a performance of the contract".

Sec. 52

• Illustration to be deleted.

Sec. 54

• Minor alterations of wording in the illustration: instead of "retrospective effect". to read "stipulation".

Sec. 60

• Minor alterations in the wording of the illustration.

Sec. 61

• Minor alterations in the wording of the illustration.

Sec. 62

• Minor alterations in the wording of the illustration.
• Misprinting to be corrected, the second figure being "400" instead of "500".

Sec. 74

• Illustrations to be added to this section, as follows:
  • Illustration. - I. A is a creditor of B for 10,000 baht money borrowed. At the time of performance. B asks for a delay, but A does not allow it and threatens B to exercise against him his rights of action for the recover, of the sum due and to seize B's properties if the latter does not immediately pay the money due or does not mortgage a property of his own as security.
  • B. fearing seizure of his properties, mortgages his house for the benefit of A. There is no duress from A.
  • II. - A, a cashier in B's firm, has misappropriated 1,000 baht from his employer. B discovers this criminal misappropriation when examining his cash-accounts, but does not warn the police because he takes in consideration that A was up to the present day a good employee. B orders A and his wife to come to his office, when he makes A confess his robbery and he threatens to send him to Court in there is no immediate return of money, or if A's wife does not consent to mortgage her own property as security of this return. A's wife, to save the honour of her husband, consents to do so. There is no duress from B and the mortgage is valid.