1924th Book3 Title04 Chapter04

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 IV. Extinction of the Lease.

Section 599.

• A lease is extinguished at the end of the agreed period without notice.

- Thai translation: P.86/62

《Genealogies》

1. Draft of 1919: Ob.534
2. Code of January 1925: 564
3. Code of January 1929: 564

Section 600.

• [I] A lease of garden land is presumed to be made for one year.
• [II] A lease of paddy land is presumed to be made for the agricultural year.

- Thai translation: P.86/62

《Genealogies》

1. Draft of 1919: Ob.535
2. Code of January 1925: 565
3. Code of January 1929: 565

Section 601.

• [I] If no period is agreed upon or presumed, either party can may determine the lease at the end of each period of for the payment of rent, provided that such party gives notice to the other notice of at least one rent period is given.
• [II] In no such case need no more than two months notice need be given.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/79

- Thai translation: P.86/62

《Genealogies》

1. Draft of 1919: Ob.536
2. Code of January 1925: 566
3. Code of January 1929: 566

Section 602.

• If the whole of the property hired is lost, the lease is extinguished.

- Thai translation: P.86/63

《Genealogies》

1. Draft of 1919: Ob.537
2. Code of January 1925: 567
3. Code of January 1929: 567

Section 603.

• If part only of the property hired is lost, the Court may, according to the circumstances of the case, either determine the lease or reduce the rent proportionately.

- Thai translation: P.86/63

《Genealogies》

1. Draft of 1919: Ob.538
2. Code of January 1925: -
3. Code of January 1929: -

Section 604.

• [I] A lease is not extinguished by the transfer of the ownership of the property hired.
• [II] The transferee is entitled to the rights and is subject to the duties of the transferor towards the lessee.

- Thai translation: P.86/63

《Genealogies》

1. Draft of 1919: Ob.539
2. Code of January 1925: 569
3. Code of January 1929: 569

Section 605.

• A lease is not extinguished by the death of the lessor.

- Thai translation: P.86/63

《Genealogies》

1. Draft of 1919: Ob.540
2. Code of January 1925: -
3. Code of January 1929: -

Section 606.

• A lease may be determined at upon the death of the lessee by either the lessor or the heirs of the lessee giving notice as provided in Section 536 601, provided that such notice must be not given later than within two months after the death of the lessee.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/79

- Thai translation: P.86/63

《Genealogies》

1. Draft of 1919: Ob.541
2. Code of January 1925: -
3. Code of January 1929: -

Section 607.

• If after the lease is determined or extinguished the lessee remains in possession, and the lessor knowing thereof does not object, the lease is deemed to have been renewed upon the conditions described in Section 536 601.

- Thai translation: P.86/65

《Genealogies》

1. Draft of 1919: Ob.542
2. Code of January 1925: 570
3. Code of January 1929: 570

Section 608.

• If a lease of paddy land is extinguished, determined or cancelled after the lessee has planted the paddy, the lessee is entitled to remain in possession till the harvest is finished, on paying the rent.

- Thai translation: P.86/65

《Genealogies》

1. Draft of 1919: Ob.543
2. Code of January 1925: 571
3. Code of January 1929: 571