1924th Book3 Title16: Difference between revisions
From Thai Codification Codes of 1925
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* [I] A broker is a person who acts as intermediary between other persons for the negotiation of contracts. | * [I] A broker is a person who acts as intermediary between other persons for the negotiation of contracts. | ||
* [II] The remuneration which may be due to a broker for his services is called brokerage. | * [II] The remuneration which may be due to a broker for his services is called brokerage. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P199.pdf P.86/199]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 958.''' ====== | ====== '''Section 958.''' ====== | ||
* A broker who has been instructed by a party not to disclose his name shall not communicate it to the other party. | * A broker who has been instructed by a party not to disclose his name shall not communicate it to the other party. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P199.pdf P.86/199]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 959.''' ====== | ====== '''Section 959.''' ====== | ||
* [I] A broker is not personally liable for the execution of the contracts entered into through his mediation. | * [I] A broker is not personally liable for the <font style='color:maroon'><s>execution</s> <u>performance</u></font> of the contracts entered into through his mediation. | ||
* [II] However when a broker has not disclosed to one party the name of the other party, he is liable for performance to the former party. | * [II] However when a broker has not disclosed to one party the name of the other party, he is liable for performance to the former party. | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, (undated), [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P144.pdf P.40/144]</font></p> | |||
<p align=right><font style='color:darkslategray'>- also Vol.87, [https://openlegaltextbook.ddns.net/Codes/archives/vol087/Vol087_P018.pdf P.87/18]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P203.pdf P.86/203]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 960.''' ====== | ====== '''Section 960.''' ====== | ||
* [I] A broker who has been instructed by a party to sell or buy property at a fixed price may be himself the buyer or the seller, provided he gives notice thereof to that person. | * [I] A broker who has been instructed by a party to sell or buy property at a fixed price may be himself the buyer or the seller, provided he gives notice thereof to that <font style='color:maroon'><s>person</s> <u>party</u></font>. | ||
* [II] In such case the broker incurs the same liability as an ordinary party to a contract of sale, but he is still entitled to charge brokerage. | * [II] In such case the broker incurs the same liability as <font style='color:maroon'><s>an ordinary</s> <u>a</u></font> party to a contract of sale, but he is still entitled to charge brokerage. | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, (undated), [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P145.pdf P.40/145]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P203.pdf P.86/203]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 961.''' ====== | ====== '''Section 961.''' ====== | ||
* A broker is presumed to have no authority to receive on behalf of the parties the payments or other prestations due in <<s>execution</s> | * A broker is presumed to have no authority to receive on behalf of the parties the payments or other prestations due in <font style='color:maroon'><s>execution</s> <u>performance</u></font> of the contract. | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, (undated), [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P144.pdf P.40/144]</font></p> | |||
<p align=right><font style='color:darkslategray'>- also Vol.87, [https://openlegaltextbook.ddns.net/Codes/archives/vol087/Vol087_P018.pdf P.87/18]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P203.pdf P.86/203]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 962.''' ====== | ====== '''Section 962.''' ====== | ||
* The promise to pay brokerage is implied unless the services, under the circumstances of the case, shall have been expected to be rendered gratuitously. | * The promise to pay brokerage is implied unless the services, under the circumstances of the case, shall have been expected to be rendered gratuitously. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P203.pdf P.86/203]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 963.''' ====== | ====== '''Section 963.''' ====== | ||
* No brokerage is due to the broker unless the contract is the result of his services. | * No brokerage is due to the broker unless the contract is the result of his services. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P204.pdf P.86/204]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 964.''' ====== | ====== '''Section 964.''' ====== | ||
* A broker loses his right to brokerage if he agrees to accept brokerage from both parties to the contract without their consent. | * A broker loses his right to brokerage if he agrees to accept brokerage from both parties to the contract without their consent. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P204.pdf P.86/204]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 965.''' ====== | ====== '''Section 965.''' ====== | ||
* [I] The brokerage shall be fixed by agreement. In the absence of any agreement, it shall be governed by custom. | * [I] The brokerage shall be fixed by agreement. In the absence of any agreement, it shall be governed by custom. | ||
* [II] If the brokerage agreed upon is excessive, the Court can reduce it. | * [II] If the brokerage agreed upon is excessive, the Court <font style='color:maroon'><s>can</s> <u>may</u></font> reduce it. | ||
<p align=right><font style='color:darkslategray'>- Collaboration of Dr.James, 4th instalment, September1923, [https://openlegaltextbook.ddns.net/Codes/archives/vol041/Vol041_P110.pdf P.41/110]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P204.pdf P.86/204]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
Revision as of 03:57, 10 October 2026
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".
Section 957.
- [I] A broker is a person who acts as intermediary between other persons for the negotiation of contracts.
- [II] The remuneration which may be due to a broker for his services is called brokerage.
- Thai translation: P.86/199
《Genealogies》
Section 958.
- A broker who has been instructed by a party not to disclose his name shall not communicate it to the other party.
- Thai translation: P.86/199
《Genealogies》
- Draft of 1919: Ob.899
- Code of January 1925: -
- Code of January 1929: -
Section 959.
- [I] A broker is not personally liable for the
executionperformance of the contracts entered into through his mediation. - [II] However when a broker has not disclosed to one party the name of the other party, he is liable for performance to the former party.
- Commission of Codification, (undated), P.40/144
- also Vol.87, P.87/18
- Thai translation: P.86/203
《Genealogies》
Section 960.
- [I] A broker who has been instructed by a party to sell or buy property at a fixed price may be himself the buyer or the seller, provided he gives notice thereof to that
personparty. - [II] In such case the broker incurs the same liability as
an ordinarya party to a contract of sale, but he is still entitled to charge brokerage.
- Commission of Codification, (undated), P.40/145
- Thai translation: P.86/203
《Genealogies》
- Draft of 1919: Ob.901
- Code of January 1925: -
- Code of January 1929: -
Section 961.
- A broker is presumed to have no authority to receive on behalf of the parties the payments or other prestations due in
executionperformance of the contract.
- Commission of Codification, (undated), P.40/144
- also Vol.87, P.87/18
- Thai translation: P.86/203
《Genealogies》
Section 962.
- The promise to pay brokerage is implied unless the services, under the circumstances of the case, shall have been expected to be rendered gratuitously.
- Thai translation: P.86/203
《Genealogies》
Section 963.
- No brokerage is due to the broker unless the contract is the result of his services.
- Thai translation: P.86/204
《Genealogies》
Section 964.
- A broker loses his right to brokerage if he agrees to accept brokerage from both parties to the contract without their consent.
- Thai translation: P.86/204
《Genealogies》
Section 965.
- [I] The brokerage shall be fixed by agreement. In the absence of any agreement, it shall be governed by custom.
- [II] If the brokerage agreed upon is excessive, the Court
canmay reduce it.
- Collaboration of Dr.James, 4th instalment, September1923, P.41/110
- Thai translation: P.86/204
《Genealogies》
- Draft of 1919: Ob.906
- Code of January 1925: -
- Code of January 1929: -
