1924th Book3 Title04 Chapter02 Part02

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 IV. Hire of Property.

Chapter II. Duties and Liabilities of the Lessor.

Section 566.

• [I] In case of a defect existing in the property hired and which impairs impairing its fitness for ordinary purposes or for the special purposes appearing from provided for in the lease, the lessee may determine the contract.
• [II] The foregoing provision applies whether the lessor knew or did not know of the existence of the defect.
• [III] A property hired which is not kept in good order and repair is a defective property within the meaning of this section.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/75

- Thai translation: P.86/49

《Genealogies》

1. Draft of 1919: Ob.501
2. Code of January 1925: 549
3. Code of January 1929: 549

Section 567.

• The lessor is not liable in the following cases:
  • (1) Whenever If the lessee knew of the defect at the time of the lease or would have known of it if he had exercised such care as may be expected from a person of ordinary prudence.
  • (2) Whenever If the defect was apparent at the time of the delivery, and the lessee has taken delivery of the property without reservation.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/75

- Thai translation: P.86/49

《Genealogies》

1. Draft of 1919: Ob.502
2. Code of January 1925: -
3. Code of January 1929: -

Section 568.

• If the defect is not such as would deprive the lessee of the use and profits of the property hired, and can be remedied by the lessor, the lessee must first notify. the lessor to make it good. If the defect is not made good within a reasonable time, the lessee may determine the contract.

- Thai translation: P.86/50

《Genealogies》

1. Draft of 1919: Ob.503
2. Code of January 1925: 551
3. Code of January 1929: 551

Section 569.

• [I] If there is a deficiency in the area stipulated for in a lease of garden land or of a paddy field, the following rules shall apply:
• [II] In case of deficiency not exceeding twenty five per cent, the lessee is only entitled to a proportionate reduction of rent.
• [III] In case of deficiency exceeding twenty five percent, the lessee has the option either to have the rent reduced proportionately, or to determine the contract.

- Thai translation: P.86/50

《Genealogies》

1. Draft of 1919: Ob.504
2. Code of January 1925: -
3. Code of January 1929: -

Section 570.

• The liability for a defect is extinguished by prescription two years after the discovery of the defect, provided and in all cases that it shall always be extinguished six months after the extinction or determination of the lease.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/76

- Thai translation: P.86/50

《Genealogies》

1. Draft of 1919: Ob.505
2. Code of January 1925: 549
3. Code of January 1929: 549