1924th Book3 Title21 Chapter04 Part01
From Thai Codification Codes of 1925
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 1149.
- A cheque is a written instrument by which a person, called the drawer, orders a banker to pay a sum of money to or to the order of another person called the payee.
- Thai translation: P.86/296
《Genealogies》
Section 1150.
- A cheque must be dated, signed by the drawer, and must contain the following particulars :
- (1) A sum certain in money;
- (2) The name or trade name and address of the banker;
- (3) The name or trade name of the payee;
- (4) An unconditional order to pay.
- Thai translation: P.86/296
《Genealogies》
Section 1151.
- The provisions of Chapter II concerning bills of exchange apply to cheques, mutatis mutandis, in so far as they are not contrary to the provisions of this Chapter
IVIX.
- Thai translation: P.86/296
《Genealogies》
Section 1152.
- A cheque
canmay be drawn payable to bearer, or payable to the drawer. - If no payee is named in the cheque, it is payable to bearer.
- Collaboration of Dr.James, 4th instalment, September 1923, P.41/117
- Thai translation: P.86/297
《Genealogies》
- Draft of 1919: Ob.1102
- Code of January 1925: -
- Code of January 1929: -
Section 1153.
- A cheque is payable on demand.
- Thai translation: P.86/297
《Genealogies》
- Draft of 1919: Ob.1103
- Code of January 1925: -
- Code of January 1929: -
Section 1154.
- No reference to a day of maturity
canmay be inserted in a cheque.
- Collaboration of Dr.James, 4th instalment, September 1923, P.41/117
- Thai translation: P.86/297
《Genealogies》
- Draft of 1919: Ob.1104
- Code of January 1925: -
- Code of January 1929: -
Section 1155.
- A cheque which contains a reference to a day of maturity, such as "on demand" or "on such day," etc., is a bill of exchange.
- Thai translation: P.86/297
《Genealogies》
- Draft of 1919: Ob.1105
- Code of January 1925: -
- Code of January 1929: -
Section 1156.
- The holder of a cheque must present it for payment to the banker within
two monthsone year after the date of drawing, otherwise he loses his right of recourse against the prior parties.
- Commission of Codfication, 6th September 1922, P.40/162
- Thai translation: P.86/297
《Genealogies》
Section 1157.
- A banker is bound to pay a cheque drawn on him by his customer unless:
- (1) There
beis not enough money to the credit of the account of the customer to meet the cheque, or - (2) The cheque
beis presented for payment more than one year after its date of drawing.
- (1) There
- Collaboration of Dr.James, 4th instalment, September 1923, P.41/118
- Thai translation: P.86/299
《Genealogies》
Section 1158.
- A banker is bound to refuse payment of a cheque drawn on him if:
- (1) The drawer has countermanded payment, or
- (2) The banker has received notice of the death of the drawer, or
- (3) The cheque has been lost, or obtained through an offence and notice thereof has been given to the banker.
- Thai translation: P.86/299
《Genealogies》
Section 1159.
- [I]If the banker signs on the cheque a statement such as "good" or "good for payment," or words to the same effect, he becomes bound to pay the cheque in the same way as the acceptor of a bill of exchange.
- [II] If the statement is "good for payment on such and such day" the banker is bound to pay only if the cheque is presented on that day.
The foregoing provisions do not apply if the banker has only signed a statement certifying the genuineness of the signature of the drawer.
- Commission of Codification, 6th September 1922, P.40/177
- Thai translation: P.86/299
《Genealogies》
- Draft of 1919: Ob.1109(I)(II)
- Code of January 1925: 992
- Code of January 1929: 992
Section 1160.
1109. - [I] If the banker signs on the cheque a statement such as "good" or "good for payment," or words to the same effect, he becomes bound to pay the cheque in the same way as the acceptor of a bill of exchange.[II] If the statement is "good for payment on such and such day" the banker is bound to pay only if the cheque is presented on that day.[III]The foregoing provisions do not apply if the banker has only signed a statement certifying the genuineness of the signature of the drawer.
- Commission of Codification, 6th September 1922, P.40/177
- Thai translation: P.86/300
《Genealogies》
- Draft of 1919: Ob.1109(III)
- Code of January 1925: 993
- Code of January 1929: 993
