1924th Book3 Title21 Chapter02 Part08
From Thai Codification Codes of 1925
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".
Section 1116.
1009. - If the bill of exchange is presented for acceptance in accordance with Sections 997 to 999 inclusive and the drawee fails to accept it, the holder has a right of recourse against all or any of the prior parties, jointly or separately, provided that he complies with the rules prescribed in Sections 1011 to 1018 inclusive.1055. - If a bill of exchange is presented for payment on the day of maturity and the drawee fails to pay it, the holder has a right of recourse against all or any of the prior parties, jointly or separately, provided that he complies with the rules prescribed in sections 1057 to 1064 inclusive.- If the bill of exchange is duly presented for acceptance or for payment as the case may be and the drawee fails to accept or pay it, the holder has a right of recouse against all or any of the prior parties, jointly or separately, provided that he complies with the rules prescribed in the following Sections.
- Collaboration of Dr.James, 4th instalment, September 1923, P.41/114
- also P.41/115
- Vol.43, P.43/224
- Thai translation: P.86/271
《Genealogies》
Section 1117.
1010. - If the acceptance is limited to part of the sum payable, the holder has the right of recourse for the difference only.1056. - If part only of a bill of exchange is paid, the holder has the right of recourse for the difference.- If the acceptance or payment is limited to part of the sum bayable, the holder has the right of recouse for the difference only.
- Vol.43, P.43/224
- Thai translation: P.86/271
《Genealogies》
Section 1118.
- The holder must,
on thewithin three days following the day of presentation, send to the drawee through the Post Office a notice called protest. 1057. - The holder must, on the day following the day of maturity, send to the drawee through the Post Office a notice called protest.
- Vol.43, P.43/224
- Thai translation: P.86/271
《Genealogies》
Section 1119.
- The protest shall be entered by the Post Office in three copies
in the form provided by Schedule B attached to this Code. 1058. - The protest shall be entered by the Post Office in three copies in the form provided by Schedule B attached to this Code.
- Collaboration of Dr.James, 4th instalment, September 1923, P.41/114
- also P.41/115
- Commission of Codification, 25th October 1923, P.42/66
- Thai translation: P.86/271
《Genealogies》
Section 1120.
- Each copy of the protest shall be signed by the clerk of the Post Office where the protest is made and shall bear the date stamp of such office. It must contain a copy of the bill and specify the following particulars :
- (1) The place and date of protest.
- (2) The date of the bill of exchange.
- (3) The name or trade name of the drawer.
- (4) The name or trade name of the drawee.
- (5) The amount of the bill of exchange.
- (6) The day of presentation and of maturity of the bill of exchange.
- (7) The name or trade name and address of the holder.
- (8) The amount payable to the holder,
includingwith addition of the expenses of protest. - (9) A statement that the drawee
canmay,withinduring the three days next following the day of protest, seek out the holder and accept or paythe holder that amountthe bill, as the case may be, with the costs of protest.
- Collaboration of Dr.James, 4th instalment, September 1923, P.41/114
- also P.41/116
- Vol.43, P.43/224
- Thai translation: P.86/273
《Genealogies》
Section 1121.
- คำคัดค้านซึ่งจดหมายตราสินไว้เปนสามฉบับนั้น
- Copy No. 1 being the protest shall be sent to the drawee under registered cover.
- Copy No. 2 being the receipt for the protest shall be delivered to the holder.
- Copy No. 3 being the original shall be kept by the Post Office.
- Records of the alterations are still not identified.
- Thai translation: P.86/273
《Genealogies》
Section 1122.
- If the bill of exchange is not accepted or not paid within the three days period, the bill is said to be dishonoured
by non-acceptanceand the holder must, within the four days next following, send notice of dishonour to the person or persons, against whom he intends to take recourse. 1061. - If the bill of exchange is not paid within the three days period, the bill is said to be dishonoured by non-payment and the holder must, within the four days next following, send notice of dishonour to the person or persons against whom he intends to take recourse.
- Collaboration of Dr.James, 4th instalment, September 1923, P.41/116
- Vol.43, P.43/225
- Thai translation: P.86/278
《Genealogies》
Section 1123.
- If the drawee notes on the bill of exchange the fact and date of refusal of acceptance or payment and signs such note, no protest is necessary and the holder must, within eight days from the date of refusal, send notice of dishonour to the person or persons against whom he intends to take recourse.
1062. - If the drawee notes on the bill of exchange the fact and date of refusal of payment and signs such note, no protest is necessary and the holder must, within eight days from date of refusal, send notice of dishonour to the person or persons against whom he intends to take recourse.
- Vol.43, P.43/225/1
- Thai translation: P.86/278
《Genealogies》
Section 1124.
- [I] The notice of dishonour in case of non-acceptance must contain the date of the bill of exchange, the names or trade names of the drawer and drawee, the amount of the bill, the name or trade name and address of the holder, the date of the protest or of the refusal of acceptance, the fact that the bill was not accepted and the reason why the bill was not accepted or the fact that no reason was given for its non-acceptance.
- [II] The notice of dishonour in case of non-payment must contain the same particulars mutatis mutandis, and in addition, the day of maturity of the bill of exchange
the names or trade names of the drawer and drawee, the amount of the bill, the name or trade name and address of the holder, the date of protest or of the refusal of payment, the fact that the bill was not paid and the reason why it was not paid or the fact that no reason was given for its non-payment.
- Vol.43, P.43/225/1
- Thai translation: P.86/278
《Genealogies》
Section 1125.
- The right of recourse of the holder against the person or persons to whom notice of dishonour was sent is extinguished by prescription one year after date of non-acceptance or the day of maturity, as the case may be.
1064. - The right of recourse of the holder against the person or persons to whom notice of dishonour was sent is extinguished by prescription one year after the day of maturity.
- Vol.43, P.43/225/1
- Thai translation: P.86/279
《Genealogies》
Section 1126.
- [I] An indorser to whom notice of dishonour has been given by a subsequent party
canmay take recourse against all or any of the parties prior to him, jointly or separately. - [II] In such case the indorser must send notice of dishonour to the person or persons against whom he intends to take recourse, within four days from the date when he himself has received notice of dishonour.
- Collaboration of Dr.James, 4th instalment, September 1923, P.41/116
- also Vol.43, P.43/226
- Thai translation: P.86/279
《Genealogies》
Section 1127.
- The right of recourse of the indorser is extinguished by prescription one year after date of notice sent by him.
1066. - The right of recourse of the indorser is extinguished by prescription one year after date of the notice sent by him.
- Vol.43, P.43/226
- Thai translation: P.86/279
《Genealogies》
Section 1128.
- The return of the
non accepteddishonoured bill of exchange with the Post Office receipt for protest annexed to it is a sufficient notice of dishonour. 1067. - The return of the unpaid bill of exchange with the Post Office receipt for protest annexed to it is a sufficient notice of dishonour.
- Vol.43, P.43/226
- Thai translation: P.86/279
《Genealogies》
Section 1129.
- When a notice of dishonour has been duly addressed and posted, the sender is deemed to have given due notice of dishonour, notwithstanding any miscarriage by the Post Office.
- Thai translation: P.86/281
《Genealogies》
Section 1130.
- If the holder or indorser fails to take the proceedings
prescribed by Sections 1011 to 1021 inclusivein the present Part he loses his rights under the bill of exchange against all prior parties, except those who have waived protest or notice of dishonour. 1069. - If the holder or indorse fails to take the proceedings prescribed by Sections 1057 to 1067, he loses his rights under the bill of exchange against all prior parties, except those who have waived protest or notice of dishonour.
- Collaboration of Dr.James, 4th instalment, September 1923, P.41/114
- also P.41/116
- Vol.43, P.43/226
- Thai translation: P.86/281
《Genealogies》
Section 1131.
1024. - The holder is entitled to take recourse for the following amounts:- (1) The non accepted amount of the bill of exchange less interest thereon from the day of presentation for acceptance up to the day of maturity.
- In order to fix the date of maturity, the day of presentation is to be considered as the day of acceptance.
(2) The expenses of presentation for acceptance and of protest and of notice of dishonour.
1070. - The holder is entitled to take recourse for the following amount:- (1) The unpaid amount of the bill together with interest thereon from the day of maturity.
(2) The expenses of presentation for payment and of protest and of notice of dishonour.
- The holder is entitled to take recourse:
- (a) in case of non-acceptance for the non-accepted amount of the bill of exchange;
- (b) in case of non-payment for the unpaid amount of the bill together with interests from the day of maturity;
- (c) costs of presentation for acceptance or for payment as the case may be, costs of protest and of notice of dishonour.
- Commission of Codification, 19th January 1924, P.42/88
- Vol.43, P.43/227
- Thai translation: P.86/281
《Genealogies》
Section 1132.
- An indorser against whom recourse has been taken is himself entitled to take recourse for the following amounts:
- (1) The sum paid by him together with interest thereon from the date of his payment.
- (2) All expenses paid by him.
- Thai translation: P.86/281
《Genealogies》
Section 1133.
- [I] Reimbursement of a dishonoured bill of exchange
canmay be obtained only on surrender of the bill and of a recourse account. - [II] The payer
canmay require the payee to make a receipt on the recourse account and sign it.
- Collaboration of Dr.James, 4th instalment, September 1923, P.41/116
- Thai translation: P.86/281
《Genealogies》
Section 1134.
1027. - A drawer or prior indorser to whom a bill of exchange has been re-indorsed or re-transferred has no right of recourse against a party to whom he was previously liable under the bill.- A drawer, acceptor or prior indorser to whom a bill of exchange has been re-indorsed or re-transferred has no right of recourse against a party to whom he was previously liable under the bill.
- Vol.43, P.43/227
- Thai translation: P.86/281
《Genealogies》
