1924th Book3 Title14 Chapter01

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 XIV. Warehousing.

Chapter I. General Provisions.

Section 869.

• A warehouseman is a person whose business is to receive goods for storage in a warehouse, for remuneration.

- Thai translation: P.86/166

《Genealogies》

1. Draft of 1919: Ob.811
2. Code of January 1925: 770
3. Code of January 1929: 770

Section 870.

• The provisions of Sections 658 720, 660 726 to 665 733, 668 736, 669 737, 670 738, 672 740, 676 and 678 744 concerning deposit apply to warehousing in so far as they are not contrary to the provisions of this Title XIII XIV.

- Thai translation: P.86/166

《Genealogies》

1. Draft of 1919: Ob.812
2. Code of January 1925: 771
3. Code of January 1929: 771

Section 871.

• The warehouseman is liable for any loss or damage caused to the goods unless he proves that such loss or damage has been caused by force majeure or has been caused of by the nature of the goods.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/101

- Thai translation: P.86/167

《Genealogies》

1. Draft of 1919: Ob.813
2. Code of January 1925: -
3. Code of January 1929: -

Section 872.

• The warehouseman is liable for the loss or damage caused by apparent defects in the packing of the goods stored if he accepted them without reservation.

- Thai translation: P.86/167

《Genealogies》

1. Draft of 1919: Ob.814
2. Code of January 1925: -
3. Code of January 1929: -

Section 873.

• The warehouseman is not liable for the loss or damage caused by non-apparent defects in the packing of the goods.

- Thai translation: P.86/167

《Genealogies》

1. Draft of 1919: Ob.815
2. Code of January 1925: -
3. Code of January 1929: -

Section 874.

• If the goods are of a dangerous nature or are likely to cause injury to persons or property, the depositor must declare their nature to the warehouseman on making the contract of warehousing, otherwise he the depositor will be liable for any injury caused by them.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/101

- Thai translation: P.86/167

《Genealogies》

1. Draft of 1919: Ob.816
2. Code of January 1925: -
3. Code of January 1929: -

Section 875.

• A provision in a warehouse receipt excluding or limiting the liability of the warehouseman is void, unless the depositor expressly agreed to such exclusion or limitation of liability.

- Thai translation: P.86/169

《Genealogies》

1. Draft of 1919: Ob.817
2. Code of January 1925: -
3. Code of January 1929: -

Section 876.

• The warehouseman is bound to allow the holder of the warehouse receipt and or the holder of the warrant to inspect the goods and to take samples at any reasonable intervals time during business hours and to take samples.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/101

- Thai translation: P.86/169

《Genealogies》

1. Draft of 1919: Ob.818
2. Code of January 1925: 773
3. Code of January 1929: 773

Section 877.

• No compensation is due for loss or damage discoverable from the external condition of the goods if the goods were withdrawn without express reservation.

- Thai translation: P.86/169

《Genealogies》

1. Draft of 1919: Ob.819
2. Code of January 1925: -
3. Code of January 1929: -

Section 878.

• In case of loss or damage not discoverable from the external condition of the goods, no compensation is due unless notice of loss or damage be is given to the warehouseman within eight days after withdrawal.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/102

- Thai translation: P.86/169

《Genealogies》

1. Draft of 1919: Ob.820
2. Code of January 1925: -
3. Code of January 1929: -

Section 879.

• If no time for the return of the goods was fixed, the warehouseman can may return the goods at any time on giving three months notice to the depositor.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/102

- Thai translation: P.86/170

《Genealogies》

1. Draft of 1919: Ob.821
2. Code of January 1925: 774
3. Code of January 1929: 774

Section 880.

• If the remuneration due is not paid, the warehouseman is entitled to retain the goods, provided that the depositor or the holder of the warehouse receipt may at any time apply to the Court for an order, either :
  • (1) Restricting the exercise of this right to such part of the goods as the Court may deem sufficient to cover the remuneration, or.
  • (2) Ordering the warehouseman to return the goods on the depositor or the holder of the warehouse receipt giving security for the remuneration.

- Thai translation: P.86/170

《Genealogies》

1. Draft of 1919: Ob.822
2. Code of January 1925: -
3. Code of January 1929: -

Section 881.

• [I] It the depositor or the holder of the warehouse receipt does not withdraw the goods at the proper time, or does not pay the remuneration due, the warehouseman can may notify the depositor by registered letter to withdraw the goods and pay the remuneration within a reasonable time to be fixed in the notice.
• [II] If the depositor fails to comply with the notice, the warehouseman can may sell the goods by public auction.
• [III] The proceeds of the public auction must be appropriated as provided by Sections 839 898 and 840 899.

- Collaboration of Dr.James, 3rd instalment, August 1923, P.41/102

- Thai translation: P.86/170

《Genealogies》

1. Draft of 1919: Ob.823
2. Code of January 1925: -
3. Code of January 1929: -