1924th Book3 Title10 Chapter01

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 X. Deposit.

Chapter I. General Provisions.

Section 725.

• A contract of deposit is a contract whereby a person, called the depositor, agrees to deliver a movable property to another person, called the depositary, and the depositary agrees to keep such property in safe custody, with or without remuneration, and to return it to the depositor or to a third person.

- Thai translation: P.86/109

《Genealogies》

1. Draft of 1919: Ob.657
2. Code of January 1925: 657
3. Code of January 1929: 657

Section 726.

• A contract of deposit is complete only on delivery of the property deposited.

- Thai translation: P.86/109

《Genealogies》

1. Draft of 1919: Ob.658
2. Code of January 1925: -
3. Code of January 1929: -

Section 727.

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

- Thai translation: P.86/112

《Genealogies》

1. Draft of 1919: Ob.659
2. Code of January 1925: 659
3. Code of January 1929: 659

Section 728.

• The depositary is not allowed, without the permission of the depositor, to use the property deposited or to let a third person have the use or custody of it.

- Thai translation: P.86/112

《Genealogies》

1. Draft of 1919: Ob.660
2. Code of January 1925: 660
3. Code of January 1929: 660

Section 729.

• The depositary who acts contrary to any of the provisions of Section 660 728 becomes is liable for any loss or damage caused even by force majeure to the property deposited, whether caused by force majeure or otherwise, unless he proves that the property would have been lost or damaged even if he had not acted contrary to such provisions.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/83

- Thai translation: P.86/112

《Genealogies》

1. Draft of 1919: Ob.661
2. Code of January 1925: 660
3. Code of January 1929: 660

Section 730.

• [I] If a any property is the subject of litigation, the parties to the case can may agree, or the Court may order, that such property shall be deposited with one of the parties or with a third person.
• [II] The depositary of such property can may only return it only to a the person appointed for that purpose by the parties or by the Court.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/83

- Thai translation: P.86/112

《Genealogies》

1. Draft of 1919: Ob.662
2. Code of January 1925: -
3. Code of January 1929: -

Section 731.

• [I] If a third person claims a right over the property deposited and enters an action against the depositary, or attaches the property, the depositary must forth with give notice thereof to the depositor.
• [II] After the depositary has been served with a writ at the suit of the claimant or after attachment, the depositary can only return the property on an order of the Court, or with the consent of the parties to the case.

- Thai translation: P.86/113

《Genealogies》

1. Draft of 1919: Ob.663
2. Code of January 1925: 661
3. Code of January 1929: 661

Section 732.

• If a time for the return of the property deposited has been fixed, the depositary cannot has no right to return the property before such time, except in case of unavoidable necessity.

- Records of the alterations are still not identified.

- Thai translation: P.86/113

《Genealogies》

1. Draft of 1919: Ob.664
2. Code of January 1925: 662
3. Code of January 1929: 662

Section 733.

• Although the parties have fixed a time for the return of the property deposited, the depositary must return it at any time on demand made by the depositor.

- Thai translation: P.86/113

《Genealogies》

1. Draft of 1919: Ob.665
2. Code of January 1925: 663
3. Code of January 1929: 663

Section 734.

• If the parties have fixed no time for the return of the property deposited, the depositary can return it at any time.

- Thai translation: P.86/113

《Genealogies》

1. Draft of 1919: Ob.666
2. Code of January 1925: 664
3. Code of January 1929: 664

Section 735.

• If the property is has been deposited in the name of a third person, the depositary can may only return it only to that such third person.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/84

- Thai translation: P.86/115

《Genealogies》

1. Draft of 1919: Ob.667
2. Code of January 1925: 665
3. Code of January 1929: 665

Section 736.

• The depositary is bound to deliver with the property any interest and profits which may have accrued from it.

- Thai translation: P.86/115

《Genealogies》

1. Draft of 1919: Ob.668
2. Code of January 1925: 666
3. Code of January 1929: 666

Section 737.

• Costs of returning the property deposited must be are borne by the depositor.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/84

- Thai translation: P.86/115

《Genealogies》

1. Draft of 1919: Ob.669
2. Code of January 1925: 667
3. Code of January 1929: 667

Section 738.

• In case of loss of the property deposited, the value to be taken into account for the assessment of compensation is the value which the property would have had at the time when and at the place where it ought to have been returned.

- Thai translation: P.86/115

《Genealogies》

1. Draft of 1919: Ob.670
2. Code of January 1925: -
3. Code of January 1929: -

Section 739.

• The depositor is bound to reimburse the depositary for any expenses which were necessary for the preservation or maintenance of the property deposited unless such expenses were incumbent upon the depositary under the contract of deposit.

- Thai translation: P.86/115

《Genealogies》

1. Draft of 1919: Ob.671
2. Code of January 1925: 668
3. Code of January 1929: 668

Section 740.

• If no time for payment of remuneration is fixed by the contract or by custom, the remuneration is payable when the property deposited is returned. If fixed by periods, the remuneration is payable at the end of each period.

- Thai translation: P.86/116

《Genealogies》

1. Draft of 1919: Ob.672
2. Code of January 1925: 669
3. Code of January 1929: 669

Section 741.

• When the remuneration or expenses are not paid, the depositary is entitled to retain the property deposited, provided that the depositor may at any time apply to the Court for an order, either:
  • (1) Restricting the exercise of this right to such part of the property deposited as the Court may deem sufficient to cover the remuneration or expenses, or
  • (2) Ordering the depositary to return the property deposited on the depositor giving security for remuneration or expenses.

- Thai translation: P.86/116

《Genealogies》

1. Draft of 1919: Ob.673
2. Code of January 1925: 670
3. Code of January 1929: 670

Section 742.

• [I] If the depositary retains the property deposited as provided in Section 673 741, he may notify the depositor by registered letter in writing to pay the remuneration or expenses within a reasonable time to be fixed in the notice.
• [II] If the depositor fails to comply with the notice the depositary can sell by public auction the property deposited.

- Decision of the Rebising Committee, 25th September 1923, P.42/36

- Thai translation: P.86/116

《Genealogies》

1. Draft of 1919: Ob.674
2. Code of January 1925: -
3. Code of January 1929: -

Section 743.

• The depositary must forth with deduct from the nett proceeds of the public auction the remuneration and expenses due to himself and deliver the surplus to the person entitled to the return of the deposit.

- Thai translation: P.86/117

《Genealogies》

1. Draft of 1919: Ob.675
2. Code of January 1925: -
3. Code of January 1929: -

Section 744.

• The liability for remuneration, reimbursement of expenses or compensation in connection with a deposit is extinguished by prescription six months after the extinction of such contract.

- Thai translation: P.86/117

《Genealogies》

1. Draft of 1919: Ob.678
2. Code of January 1925: 671
3. Code of January 1929: 671