1924th Book3 Title20 Chapter02 Part01
BOOK III ON SPECIFIC CONTRACTS. (April 1924)
- Reconstructed from the Documents in Vols. 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
- For the details, please, refer to the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".
Section 993.
- "Loss", within the meaning of this Chapter, includes any injury which may be etimated in money.
- Redrafted by the Revising Committee, February 1924, P.43/168
- also Vol.87, P.87/28
- Thai translation: P.86/217
《Genealogies》
Section 994.
- [I] If two or more contracts of insurance are made simultaneously for the same
subject matterloss and the total amount of the sums insured exceeds the actual amount of the loss, theinsuredbeneficiary is entitled to receive compensation up to such amount only. - [II] Each
underwriterinsurer must pay a part of the actual loss in proportion to the sum insured by him. - [III] Contracts of insurance are deemed to have been made simultaneously if their dates are the same.
- Commission of Codification, 8th June 1922, P.40/147
- Redrafted by the Revising Committee, February 1924, P.43/168
- also Vol.87, P.87/28
- Thai translation: P.86/217
《Genealogies》
Section 995.
- If two or more contracts of insurance are made successively, the first
underwriterinsurer is first liable for the loss. If the amount paid by him is not sufficient to cover the loss, the nextunderwriterinsurer is liable for the difference and so on, till the loss is covered.
- Redrafted by the Revising Committee, February 1924, P.43/168
- also Vol.87, P.87/28
- Thai translation: P.86/218
《Genealogies》
Section 996.
- Before the risk begins, the assured may determine the contract, but the insurer is entitled to one half of the premium.
- Redrafted by the Revising Committee, February 1924, P.43/169
- also Vol.87, P.87/29
- Thai translation: P.86/218
《Genealogies》
Section 997.
- [I] If, during the period of insurance, the insurable interest is substantially reduced, the assured is entitled to a reduction of the sum insured and of the premium.
- [II] The reduction of the premium shall take effect only for the future.
- Redrafted by the Revising Committee, February 1924, P.43/169
- also Vol.87, P.87/29
- Thai translation: P.86/218
《Genealogies》
Section 998.
- The insurer cannot claim a reduction of the amount of the compensation to be paid by him, unless he proves that the insurable interest as agreed by the parties was substantially too high.
- Redrafted by the Revising Committee, February 1924, P.43/169
- also Vol.87, P.87/29
- Thai translation: P.86/219
《Genealogies》
Section 999.
[I] If a person who has had his property insured transfers the ownership of such property to another person, the contract of insurance is extinguished.[II] The foregoing provision does not apply and the contract of insurance is transferred with the property in the following cases :1) When the property is transferred by way of inheritance.2) When the underwriter, having received notice of the transfer, agrees to it.- [I] If the assured transfers the subject of insurance for which a premium has been paid, the right to receive compensation is transferred with it.
- [II] If, by such transfer, the risk is substantially altered or increased, the contract of insurance becomes void.
- Commission of Codification, 14th June 1922, P.40/148
- Redrafted by the Revising Committee, February 1924, P.43/170
- also Vol.87, P.87/29
- Thai translation: P.86/219
《Genealogies》
Section 1000.
- [I] If the insurer has been adjudged bankrupt, the assured may require proper security to be given him failing which he may terminate the contract.
- [II] If the assured is adjudged bankrupt, the same rules shall apply correspondingly; however when a premium has been already paid, under which insurance is running for a certain period of time, the insurer cannot determine the contract before such period expires.
- Redrafted by the Revising Committee, February 1924, P.43/170
- also Vol.87, P.87/29
- Thai translation: P.86/219
《Genealogies》
Section 1001.
931. — [I] The underwriter is bound to pay compensation for the actual amount of the loss.[II] The actual amount of the loss shall be valued at the place where, and at the time when, the loss occurred. The sum insured is presumed to be a correct basis for such valuation.[III] The compensation cannot exceed the sum insured.932. — The actual amount of the loss includes:- 1) The damage caused to the inured property by reasonable measures used for preventing the loss.
2) All reasonable expenses incurred for preserving the insured property from the loss.- [I] The insurer is bound to pay compensation for:
- (1) The actual amount of the loss;
- (2) The damage caused to the insured property by reasonable measures taken for preventing the loss;
- (3) All reasonable expenses incurred for preserving the insured property from the loss.
- [II] The actual amount of the loss shall be valued at the place where, and at the time when, the loss occurred. The sum insured is presumed to be a correct basis for such valuation.
- [III] The compensation cannot exceed the sum insured.
- Redrafted by the Revising Committee, February 1924, P.43/170
- also Vol.87, P.87/30
- Thai translation: P.86/220
《Genealogies》
Section 1002.
- The expenses of valuation of the loss must be borne by the
underwriterinsurer.
- Redrafted by the Revising Committee, February 1924, P.43/171
- also Vol.87, P.87/30
- Thai translation: P.86/220
《Genealogies》
Section 1003.
- The
underwriterinsurer is not liableevenif the loss or other event specified in the contract is caused by thefaultbad faith or the gross negligence of theinsuredassured or the beneficiaryunless the insured failed to comply with a particular clause of the contract.
- Redrafted by the Revising Committee, February 1924, P.43/171
- also Vol.87, P.87/30
- Thai translation: P.86/220
《Genealogies》
Section 1004.
- Unless otherwise agreed between the parties, an insurer is not liable when the loss has been caused by the nature or the defects of the subject of insurance or by its natural waste.
- Redrafted by the Revising Committee, February 1924, P.43/171
- Thai translation: P.86/221
《Genealogies》
- Draft of 1919: -
- Code of January 1925: -
- Code of January 1929: -
Section 1005.
- [I] If the loss is caused by the fault of a third person, the
underwriterinsurer who pays compensation is subrogated, up to the amount paid by him, to the rights of theinsurerassured and of theinsuredbeneficiary against such third person. - [II] If the
underwriterinsurer has paid part only of theamount of the losscompensation, he cannot exercise the rightsmentioned in the foregoing paragraphto the prejudice of the rights which the insurer or the insured retain againstof the assured or of the beneficiary to claim from the third person for the remainder of the loss.
- Redrafted by the Revising Committee, February 1924, P.43/172
- also Vol.87, P.87/30
- Thai translation: P.86/221
《Genealogies》
Section 1006.
- If the contract of insurance provides that, on the happening of the loss, the
insurer or the insuredassured or the beneficiary are bound to inform theunderwriterinsurer within a certain period of time, no such notice is necessary if theunderwriterinsurer knew otherwise within that period of the happening of the loss.
- Redrafted by the Revising Committee, February 1924, P.43/172
- also Vol.87, P.87/30
- Thai translation: P.86/221
《Genealogies》
Section 1007.
- [I] The liability for payment of compensation is extinguished by prescription two years after date of loss.
- [II] The liability for payment of a premium is extinguished by prescription two years after the date when the premium became due.
- Thai translation: P.86/222
《Genealogies》
