1924th Book3 Title21 Chapter03

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 XXI. Bills.

Chapter III. Promissory Notes.

Section 1140.

• A promissory note is a written instrument by which a person, called the maker, promises to pay a sum of money to, or to the order of, a person, called the payee.

- Thai translation: P.86/289

《Genealogies》

1. Draft of 1919: Ob.1090
2. Code of January 1925: 982
3. Code of January 1929: 982

Section 1141.

• A promissory note must be dated, signed by the maker, and must contain the following particulars :
  • (1) A sum certain in money.
  • (2) The name or trade name of the payee.
  • (3) An unconditional promise to pay.
  • (4) The place where the promissory note is made.
  • (5) A day of maturity.

- Thai translation: P.86/289

《Genealogies》

1. Draft of 1919: Ob.1091
2. Code of January 1925: 983
3. Code of January 1929: 983

Section 1142.

• If the maker does not state in the promissory note a place of payment, the place where it is made is the place of payment.

- Thai translation: P.86/294

《Genealogies》

1. Draft of 1919: Ob.1092
2. Code of January 1925: 984
3. Code of January 1929: 984

Section 1143.

• The following provisions of Chapter II concerning bills of exchange apply mutatis mutandis to promissory notes :
• Sections 966 1036 to 969 1039 inclusive, 972 1042, 974 1044 to 977 1046 inclusive concerning the drawing of a bill of exchange.
• Sections 978 1047, 980 1049, 981 1050 concerning the effects of a bill of exchange.
• Sections 982 1051 to 988 1057 inclusive, 990 1059 to 996 1065 inclusive concerning transfer and indorsement.
• Sections 1036 1078 to 1041 1083 inclusive concerning suretyship.
• Sections 1042 1084 to 1054 1096 inclusive concerning payment.
• Sections 1055 1108 to 1073 1115 inclusive concerning the right of recourse in case of non-payment.
• Sections 1077 1116 to 1084 1134 inclusive concerning payment for honour.

- Collaboration of Dr.James, 4th instalment, September 1923, P.41/117

- Thai translation: P.86/294

《Genealogies》

1. Draft of 1919: Ob.1093
2. Code of January 1925: 985
3. Code of January 1929: 985

Section 1144.

• [I] The holder of a promissory note payable at the end of a period after sight must present it to the maker within one year from its date, or, if the maker has specified a shorter time in the promissory note, within such time.
• [II] If the holder fails to present the promissory note within the above mentioned time, he loses his right of recourse against the prior indorsers.

- Thai translation: P.86/294

《Genealogies》

1. Draft of 1919: Ob.1094
2. Code of January 1925: -
3. Code of January 1929: -

Section 1145.

• The maker must note on the promissory note the date of presentation and sign it.

- Thai translation: P.86/295

《Genealogies》

1. Draft of 1919: Ob.1095
2. Code of January 1925: -
3. Code of January 1929: -

Section 1146.

• [I] If the maker merely puts merely his signature on the promissory note, the promissory note is deemed to have been duly presented to him and any person can may fill up the date.
• [II] If there is no date, the last day of the time fixed by section 1094 1144 is deemed to be the day of presentation.

- Collaboration of Dr.James, 4th instalment, September 1923, P.41/117

- Thai translation: P.86/295

《Genealogies》

1. Draft of 1919: Ob.1096
2. Code of January 1925: -
3. Code of January 1929: -

Section 1147.

• If the maker does not on presentation sign the promissory note as provided by section 1095 1145, the holder and the indorsers have a right of recourse against the prior parties, provided that they comply with the provisions of sections 1011 1118 to 1027 1134 inclusive concerning bills of exchange, mutatis mutandis.

- Collaboration of Dr.James, 4th instalment, September 1923, P.41/117

- Thai translation: P.86/295

《Genealogies》

1. Draft of 1919: Ob.1097
2. Code of January 1925: -
3. Code of January 1929: -

Section 1148.

• If the holder fails to have a protest made, he loses his right of recourse against all prior parties except the maker.

- Thai translation: P.86/295

《Genealogies》

1. Draft of 1919: Ob.1098
2. Code of January 1925: -
3. Code of January 1929: -