1924th Book3 Title01 Chapter02 Part01

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 I. Sale.

Chapter II. Duties and liabilities of the seller.

Section 464.

• The seller is bound to deliver to the buyer the property sold.

- Thai translation: P.86/12

《Genealogies》

1. Draft of 1919: Ob.399
2. Code of January 1925: 461
3. Code of January 1929: 461

Section 465.

• Delivery may be made by doing anything which has the effect of putting the property at the disposal of the buyer.

- Thai translation: P.86/12

《Genealogies》

1. Draft of 1919: Ob.400
2. Code of January 1925: 462
3. Code of January 1929: 462

Section 466.

• If the contract provides that the property sold shall be forwarded sent from one place to another, delivery takes place at the moment when the property is delivered to the carrier.

- Collaboration of Dr.James, 1st Instalment, August 1923, P.41/66

- Thai translation: P.86/13

《Genealogies》

1. Draft of 1919: Ob.401
2. Code of January 1925: 463
3. Code of January 1929: 463

Section 467.

• The property sold must be delivered in such the condition as it was in at the time of the sale.

- Collaboration of Dr.James, 1st Instalment, August 1923, P.41/66

- Thai translation: P.86/13

《Genealogies》

1. Draft of 1919: Ob.402
2. Code of January 1925: 464
3. Code of January 1929: 464

Section 468.

• When there is no time clause for payment of the price, the seller is entitled to retain the property sold until the price is paid.

- Thai translation: P.86/13

《Genealogies》

1. Draft of 1919: Ob.403
2. Code of January 1925: 468
3. Code of January 1929: 468

Section 469.

• Even when though there is a time clause for the with regard to payment, the seller is entitled to retain the property if the buyer either becomes bankrupt before delivery, or was bankrupt at the time of the sale without knowledge of the the seller knowing thereof, or impairs or reduces the securities given for payment.

- Collaboration of Dr.James, 1st Instalment, August 1923, P.41/66

- Thai translation: P.86/13

《Genealogies》

1. Draft of 1919: Ob.404
2. Code of January 1925: 469
3. Code of January 1929: 469

Section 470.

• When In case the property is retained under the foregoing sections, the buyer may at any time apply to the Court for an order to deliver the property, upon the buyer giving security for the payment of the price.

- Collaboration of Dr.James, 1st Instalment, August 1923, P.41/66

- Thai translation: P.86/15

《Genealogies》

1. Draft of 1919: Ob.405
2. Code of January 1925: 469
3. Code of January 1929: 469

Section 471.

• [I] When the buyer is in default, the seller who retains the property under the foregoing sections can, instead of using the ordinary remedies for non-performance, notify the buyer by registered letter in writing to pay the price and accessories, if any, within a reasonable time to be fixed in the notice.
• [II] If the buyer fails to comply with the notice, the seller can sell the property by public auction.

- Commission of Codification, 3rd August 1923, P.42/5

- Thai translation: P.86/15

《Genealogies》

1. Draft of 1919: Ob.406
2. Code of January 1925: 470
3. Code of January 1929: 470

Section 472.

• The seller must forth with shall deduct from the nett proceeds of the public auction the price and accessories due to himself and deliver forthwith the surplus, if any, to the buyer.

- Commission of Codification, 3rd August 1923, P.42/6

- Thai translation: P.86/15

《Genealogies》

1. Draft of 1919: Ob.407
2. Code of January 1925: 471
3. Code of January 1929: 471