1924th Book3 Title13 Chapter02

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 XIII. Pledge.

Chapter II. Rights and Duties of Pledgee and Pledgor.

Section 852.

• The pledgee is entitled to retain the pledge until he has received full performance of the obligation and accessories.

- Thai translation: P.86/160

《Genealogies》

1. Draft of 1919: Ob.793
2. Code of January 1925: 758
3. Code of January 1929: 758

Section 853.

• The pledgee is bound to keep the pledge in safe custody and take as much care of it as a person of ordinary prudence would take of his own property.

- Thai translation: P.86/160

《Genealogies》

1. Draft of 1919: Ob.794
2. Code of January 1925: 759
3. Code of January 1929: 759

Section 854.

• The pledgee is not allowed, without the consent of the pledgor, to use the pledge or to let a third person have the use or custody of it.

- Thai translation: P.86/161

《Genealogies》

1. Draft of 1919: Ob.795
2. Code of January 1925: 760
3. Code of January 1929: 760

Section 855.

• If the pledgee acts contrary to any of the provisions of section 795 854, he becomes is liable for any loss or damage caused to the pledge, even whether caused by force majeure or otherwise, unless he proves that the pledge would have been lost or damaged even if he had not acted contrary to such provisions.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/100

- Thai translation: P.86/161

《Genealogies》

1. Draft of 1919: Ob.796
2. Code of January 1925: 760
3. Code of January 1929: 760

Section 856.

• The pledgee must collect the interest and profits of the pledge and appropriate them to the performance of the obligation and accessories.

- Thai translation: P.86/161

《Genealogies》

1. Draft of 1919: Ob.797
2. Code of January 1925: 761
3. Code of January 1929: 761

Section 857.

• The pledgor is bound to reimburse the pledgee for any expenses which were necessary for the preservation or maintenance of the pledge, unless such expenses were incumbent upon the pledgee under the contract of pledge.

- Thai translation: P.86/161

《Genealogies》

1. Draft of 1919: Ob.798
2. Code of January 1925: 762
3. Code of January 1929: 762

Section 858.

• The pledgee is bound to return the pledge to the pledgor when the obligation and accessories are extinguished.

- Thai translation: P.86/163

《Genealogies》

1. Draft of 1919: Ob.799
2. Code of January 1925: -
3. Code of January 1929: -

Section 859.

• The following liabilities are extinguished by prescription six months after the return of the pledge or its sale by auction:
  • (1) The liability for compensation for damage caused to the pledge by the pledgee.
  • (2) The liability for reimbursement of expenses incurred for the preservation or maintenance of the pledge.
  • (3) The liability for compensation for injury caused to the pledgee by non-apparent defects in the pledge.

- Thai translation: P.86/163

《Genealogies》

1. Draft of 1919: Ob.800
2. Code of January 1925: 763
3. Code of January 1929: 763