2471th Sec 0491: Difference between revisions
From Thai Codification Codes of 1925
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# Swiss Code (1911): [S.O.216] | # Swiss Code (1911): [S.O.216] | ||
# Jp. Code (1896): '''''[[1896ja_Book3_Chapter02_Title03_Part03#Article_579.|579]]''''' | # Jp. Code (1896): '''''[[1896ja_Book3_Chapter02_Title03_Part03#Article_579.|579]]''''' | ||
# English Law : | # English Law: | ||
# Miscellaneous: It.1515 | # Miscellaneous: It.1515 | ||
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* French Civil Code (1804), Art.1659; | * French Civil Code (1804), Art.1659; | ||
** The power of repurchase or of redemption is a contract by which the seller reserves to himself the resumption of the thing sold, on restitution of the principal price, and the reimbursement of which mention is made in article 1673. | ** The power of repurchase or of redemption is a contract by which the seller reserves to himself the resumption of the thing sold, on restitution of the principal price, and the reimbursement of which mention is made in article 1673. | ||
The other relevant sources are as follows: | |||
* German Civil Code (1896), Sec. 497; | |||
** [I] If a seller, in a contract of sale, has reserved to himself the right of re-purchase, the re-purchase is effected by a declaration made by the seller to the purchaser that he exercises his right of re-purchase. The declaration need not be in the form prescribed for the contract of sale. | |||
** [II] In case of doubt the price at which the sale has been made is also the price of re-purchase. | |||
* Japanese Civil Code (1896, 98), Art. 579; | |||
** The seller of an immovable may, in accordance with a special contract for re-purchase concluded at the same time as the contract of sale, rescind the sale on returning the purchase money and the expenses of the contract paid by the purchaser. But the fruits of the immovable and the interest on the purchase money are regarded as having been set off against each other unless the parties have expressed a special intention. | |||
Latest revision as of 13:21, 7 August 2026
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มาตรา 491
- อันว่าขายฝากนั้น คือสัญญาซื้อขายซึ่งกรรมสิทธิ์ในทรัพย์สินตกไปยังผู้ซื้อ โดยมีข้อตกลงกันว่าผู้ขายอาจไถ่ทรัพย์นั้นคืนได้
Section 491. (Draft in English from Vol.93)
- Sale with right of redemption is a contract of sale whereby the ownership of the property sold passes to the buyer subject to an agreement that the seller can redeem that property.
《Genealogies》
《References》
☆ quoted from “INDEX” (→Original Table in Vol.54) with supplementary entries in […]
- Fr. Code (1804): * 1659
- Gr. Code (1896): [497(I)]
- Swiss Code (1911): [S.O.216]
- Jp. Code (1896): 579
- English Law:
- Miscellaneous: It.1515
《Comments》
The most plausible model for this section would be:
- French Civil Code (1804), Art.1659;
- The power of repurchase or of redemption is a contract by which the seller reserves to himself the resumption of the thing sold, on restitution of the principal price, and the reimbursement of which mention is made in article 1673.
The other relevant sources are as follows:
- German Civil Code (1896), Sec. 497;
- [I] If a seller, in a contract of sale, has reserved to himself the right of re-purchase, the re-purchase is effected by a declaration made by the seller to the purchaser that he exercises his right of re-purchase. The declaration need not be in the form prescribed for the contract of sale.
- [II] In case of doubt the price at which the sale has been made is also the price of re-purchase.
- Japanese Civil Code (1896, 98), Art. 579;
- The seller of an immovable may, in accordance with a special contract for re-purchase concluded at the same time as the contract of sale, rescind the sale on returning the purchase money and the expenses of the contract paid by the purchaser. But the fruits of the immovable and the interest on the purchase money are regarded as having been set off against each other unless the parties have expressed a special intention.
