1924th Book3 Title16

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 XVI. Brokerage.

Section 957.

• [I] A broker is a person who acts as intermediary between other persons for the negotiation of contracts.
• [II] The remuneration which may be due to a broker for his services is called brokerage.

- Thai translation: P.86/199

《Genealogies》

1. Draft of 1919: Ob.898
2. Code of January 1925: 845
3. Code of January 1929: 845

Section 958.

• A broker who has been instructed by a party not to disclose his name shall not communicate it to the other party.

- Thai translation: P.86/199

《Genealogies》

1. Draft of 1919: Ob.899
2. Code of January 1925: -
3. Code of January 1929: -

Section 959.

• [I] A broker is not personally liable for the execution performance of the contracts entered into through his mediation.
• [II] However when a broker has not disclosed to one party the name of the other party, he is liable for performance to the former party.

- Commission of Codification, (undated), P.40/144

- also Vol.87, P.87/18

- Thai translation: P.86/203

《Genealogies》

1. Draft of 1919: Ob.900
2. Code of January 1925: 846
3. Code of January 1929: 846

Section 960.

• [I] A broker who has been instructed by a party to sell or buy property at a fixed price may be himself the buyer or the seller, provided he gives notice thereof to that person party.
• [II] In such case the broker incurs the same liability as an ordinary a party to a contract of sale, but he is still entitled to charge brokerage.

- Commission of Codification, (undated), P.40/145

- Thai translation: P.86/203

《Genealogies》

1. Draft of 1919: Ob.901
2. Code of January 1925: -
3. Code of January 1929: -

Section 961.

• A broker is presumed to have no authority to receive on behalf of the parties the payments or other prestations due in execution performance of the contract.

- Commission of Codification, (undated), P.40/144

- also Vol.87, P.87/18

- Thai translation: P.86/203

《Genealogies》

1. Draft of 1919: Ob.902
2. Code of January 1925: 847
3. Code of January 1929: 847

Section 962.

• The promise to pay brokerage is implied unless the services, under the circumstances of the case, shall have been expected to be rendered gratuitously.

- Thai translation: P.86/203

《Genealogies》

1. Draft of 1919: Ob.903
2. Code of January 1925: 845
3. Code of January 1929: 845

Section 963.

• No brokerage is due to the broker unless the contract is the result of his services.

- Thai translation: P.86/204

《Genealogies》

1. Draft of 1919: Ob.904
2. Code of January 1925: 848
3. Code of January 1929: 848

Section 964.

• A broker loses his right to brokerage if he agrees to accept brokerage from both parties to the contract without their consent.

- Thai translation: P.86/204

《Genealogies》

1. Draft of 1919: Ob.905
2. Code of January 1925: 849
3. Code of January 1929: 847

Section 965.

• [I] The brokerage shall be fixed by agreement. In the absence of any agreement, it shall be governed by custom.
• [II] If the brokerage agreed upon is excessive, the Court can may reduce it.

- Collaboration of Dr.James, 4th instalment, September1923, P.41/110

- Thai translation: P.86/204

《Genealogies》

1. Draft of 1919: Ob.906
2. Code of January 1925: -
3. Code of January 1929: -