1924th Book3 Title10 Chapter01
From Thai Codification Codes of 1925
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".
Section 725.
- A contract of deposit is a contract whereby a person, called the depositor, agrees to deliver a movable property to another person, called the depositary, and the depositary agrees to keep such property in safe custody, with or without remuneration, and to return it to the depositor or to a third person.
- Thai translation: P.86/109
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Section 726.
- A contract of deposit is complete only on delivery of the property deposited.
- Thai translation: P.86/109
《Genealogies》
- Draft of 1919: Ob.658
- Code of January 1925: -
- Code of January 1929: -
Section 727.
- The depositary is bound to take as much care of the property deposited as a person of ordinary prudence would take of his own property.
- Thai translation: P.86/112
《Genealogies》
Section 728.
- The depositary is not allowed, without the permission of the depositor, to use the property deposited or to let a third person have the use or custody of it.
- Thai translation: P.86/112
《Genealogies》
Section 729.
- The depositary who acts contrary to any of the provisions of Section
660728becomesis liable for any loss or damagecaused even by force majeureto the property deposited, whether caused by force majeure or otherwise, unless he proves that the property would have been lost or damagedevenif he had not acted contrary to such provisions.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/83
- Thai translation: P.86/112
《Genealogies》
Section 730.
- [I] If
aany property is the subject of litigation, the parties to the casecanmay agree, or the Court may order, that such property shall be deposited with one of the parties or with a third person. - [II] The depositary of such property
canmayonlyreturn it only toathe person appointed for that purpose by the parties or by the Court.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/83
- Thai translation: P.86/112
《Genealogies》
- Draft of 1919: Ob.662
- Code of January 1925: -
- Code of January 1929: -
Section 731.
- [I] If a third person claims a right over the property deposited and enters an action against the depositary, or attaches the property, the depositary must forth with give notice thereof to the depositor.
- [II] After the depositary has been served with a writ at the suit of the claimant or after attachment, the depositary can only return the property on an order of the Court, or with the consent of the parties to the case.
- Thai translation: P.86/113
《Genealogies》
Section 732.
- If a time for the return of the property deposited has been fixed, the depositary
cannothas no right to return the property before such time, except in case of unavoidable necessity.
- Records of the alterations are still not identified.
- Thai translation: P.86/113
《Genealogies》
Section 733.
- Although the parties have fixed a time for the return of the property deposited, the depositary must return it at any time on demand made by the depositor.
- Thai translation: P.86/113
《Genealogies》
Section 734.
- If the parties have fixed no time for the return of the property deposited, the depositary can return it at any time.
- Thai translation: P.86/113
《Genealogies》
Section 735.
- If the property
ishas been deposited in the name of a third person, the depositarycanmayonlyreturn it only tothatsuch third person.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/84
- Thai translation: P.86/115
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Section 736.
- The depositary is bound to deliver with the property any interest and profits which may have accrued from it.
- Thai translation: P.86/115
《Genealogies》
Section 737.
- Costs of returning the property deposited
must beare borne by the depositor.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/84
- Thai translation: P.86/115
《Genealogies》
Section 738.
- In case of loss of the property deposited, the value to be taken into account for the assessment of compensation is the value which the property would have had at the time when and at the place where it ought to have been returned.
- Thai translation: P.86/115
《Genealogies》
- Draft of 1919: Ob.670
- Code of January 1925: -
- Code of January 1929: -
Section 739.
- The depositor is bound to reimburse the depositary for any expenses which were necessary for the preservation or maintenance of the property deposited unless such expenses were incumbent upon the depositary under the contract of deposit.
- Thai translation: P.86/115
《Genealogies》
Section 740.
- If no time for payment of remuneration is fixed by the contract or by custom, the remuneration is payable when the property deposited is returned. If fixed by periods, the remuneration is payable at the end of each period.
- Thai translation: P.86/116
《Genealogies》
Section 741.
- When the remuneration or expenses are not paid, the depositary is entitled to retain the property deposited, provided that the depositor may at any time apply to the Court for an order, either:
- (1) Restricting the exercise of this right to such part of the property deposited as the Court may deem sufficient to cover the remuneration or expenses, or
- (2) Ordering the depositary to return the property deposited on the depositor giving security for remuneration or expenses.
- Thai translation: P.86/116
《Genealogies》
Section 742.
- [I] If the depositary retains the property deposited as provided in Section
673741, he may notify the depositorby registered letterin writing to pay the remuneration or expenses within a reasonable time to be fixed in the notice. - [II] If the depositor fails to comply with the notice the depositary can sell by public auction the property deposited.
- Decision of the Rebising Committee, 25th September 1923, P.42/36
- Thai translation: P.86/116
《Genealogies》
- Draft of 1919: Ob.674
- Code of January 1925: -
- Code of January 1929: -
Section 743.
- The depositary must forth with deduct from the nett proceeds of the public auction the remuneration and expenses due to himself and deliver the surplus to the person entitled to the return of the deposit.
- Thai translation: P.86/117
《Genealogies》
- Draft of 1919: Ob.675
- Code of January 1925: -
- Code of January 1929: -
Section 744.
- The liability for remuneration, reimbursement of expenses or compensation in connection with a deposit is extinguished by prescription six months after the extinction of such contract.
- Thai translation: P.86/117
《Genealogies》
