1924th Book3 Title16: Difference between revisions

From Thai Codification Codes of 1925
Line 12: Line 12:
* [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》'''
Line 20: Line 22:
====== '''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》'''
Line 27: Line 31:


====== '''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》'''
Line 36: Line 44:


====== '''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》'''
Line 45: Line 56:


====== '''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>>[<u>performance</u>] of the contract.
* 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》'''
Line 54: Line 69:
====== '''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》'''
Line 62: Line 79:
====== '''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》'''
Line 70: Line 89:
====== '''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》'''
Line 78: Line 99:
====== '''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)

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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》

  1. Draft of 1919: Ob.898
  2. Code of January 1925: 845
  3. Code of January 1929: 845
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》

  1. Draft of 1919: Ob.899
  2. Code of January 1925: -
  3. Code of January 1929: -
Section 959.
  • [I] A broker is not personally liable for the execution performance 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》

  1. Draft of 1919: Ob.900
  2. Code of January 1925: 846
  3. Code of January 1929: 846
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 party.
  • [II] In such case the broker incurs the same liability as an ordinary a 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》

  1. Draft of 1919: Ob.901
  2. Code of January 1925: -
  3. 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 execution performance of the contract.

- Commission of Codification, (undated), P.40/144

- also Vol.87, P.87/18

- Thai translation: P.86/203

《Genealogies》

  1. Draft of 1919: Ob.902
  2. Code of January 1925: 847
  3. Code of January 1929: 847
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》

  1. Draft of 1919: Ob.903
  2. Code of January 1925: 845
  3. Code of January 1929: 845
Section 963.
  • No brokerage is due to the broker unless the contract is the result of his services.

- Thai translation: P.86/204

《Genealogies》

  1. Draft of 1919: Ob.904
  2. Code of January 1925: 848
  3. Code of January 1929: 848
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》

  1. Draft of 1919: Ob.905
  2. Code of January 1925: 849
  3. Code of January 1929: 847
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 can may reduce it.

- Collaboration of Dr.James, 4th instalment, September1923, P.41/110

- Thai translation: P.86/204

《Genealogies》

  1. Draft of 1919: Ob.906
  2. Code of January 1925: -
  3. Code of January 1929: -