2468th Sec 0206
From Thai Codification Codes of 1925
มาตรา 206
- ในกรณีหนี้อันเกิดแต่มูลละเมิด ลูกหนี้ได้ชื่อว่าผิดนัดมาแต่เวลาที่ทำละเมิด
Section 206. (Draft in English from Vol.79)
- In obligations arising from an unlawful act, the debtor is in default from the time when he committed it.
《References》
☆ quoted from “INDEX” with supplementary entries in […]: Images in Archives
- Old Text (1923): * 327
- Jp. Code (1896,98):
- Gr. Code (1896): 848 [??]
- Miscellaneous: Br.962; Fr.1302 [??]
《Comments》
The most plausible model for this section would be:
- Old Text (1923), Sec.327;
- บุคคลเป็นหนี้อันเกิดโดยละเมิด ชื่อว่าผิดนัดแต่เวลากระทำละเมิดเสียแล้ว ไม่พักจะต้องทวงถามก่อนเลย
The other miscellaneous sources are as follows:
- Civil Code of Brazil (1916), Art.962;
- In obligations arising from crime (delicto), the debtor is considered in default from the time that he perpetrated it.
- French Civil Code (1804), Art.1302;
- [I] When the certain and determinate property which was the object of the obligation happens to perish, is put out of traffic, or is lost in such manner that its existence is absolutely unknown, the obligation is extinguished if the thing have perished, or have been lost without the fault of the debtor, and before he have been in delay.
- [II] Even when the debtor is in delay, and if he have not been charged with fortuitous occurrences, the obligation is extinguished in the case where the thing would equally have perished at the house of the creditor if it had been delivered to him.
- [III] The debtor is bound to prove the fortuitous occurrence which he alleges.
- [IV] In whatsoever manner a thing stolen have perished, or have been lost, its loss does not exonerate him who has removed it from restitution of the price.
