1896de Book2 Chapter07 Title01 Part03 No03
From Thai Codification Codes of 1925
- Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]
BOOK II. Law of Obligations.
Chapter VII. Particular Kinds of Obligations.
Title I. Sale, Exchange.
Part III. Particular Kinds of Sale.
III. Pre-emption.
- A person who is entitled to pre-emption in respect of an object may exercise the right of pre-emption as soon as the person bound by it has concluded with a third party a contract of sale relating to the object.
- [I] The exercise of the right of pre-emption is effected by a declaration made to the person bound. The declaration need not be in the form prescribed for the contract of sale.
- [II] Upon the exercise of the right of pre-emption the sale is effected between the person entitled and the person bound on the same terms as those which the latter had agreed upon with the third party.
- An agreement of the person bound with the third party whereby the sale is made subject to the non-exercise of the right of pre-emption, or the right of rescission is reserved to the person bound in case of the exercise of the right of pre-emption, is not binding upon the person entitled to pre-emption.
- If the third party has bound himself in the contract to execute an accessory consideration which the person entitled is not in a position to execute, the latter shall, instead of executing the accessory consideration, pay its value. If the accessory consideration cannot be estimated in money, the exercise of the right of pre-emption is barred ; no regard, however, is paid to the agreement for the accessory consideration, if the contract would have been entered into even though the accessory consideration had not been promised.
- If the third party has purchased the object to which the right of pre-emption relates together with other objects for an aggregate price, the person entitled to pre-emption shall pay a proportionate part of the aggregate price. The person bound may demand that the pre-emption be extended to all the things which cannot be separated without injury to him.
- [I] If in the contract a future date has been fixed for payment of the purchase price by the third party, the person entitled to pre-emption may claim the same right of delay only if he gives security for the deferred payment.
- [II] If a piece of land is the object of pre-emption, security is not required to be given, in so far as the charging of a hypotheca on the land for the deferred payment has been agreed upon, or a debt for which a hypotheca exists on the land has been assumed as part of the purchase price.
- [I] The person bound shall without delay communicate to the person entitled to pre-emption the terms of the contract concluded with the third party. Communication by the third party takes the place of communication by the person bound.
- [II] The right of pre-emption may be exercised, in the case of land, only before the expiration of two months, or, in the case of other objects, only before the expiration of one week after receipt of the communication. If a period is fixed for its exercise, this takes the place of the statutory period.
- In case of doubt the right of pre-emption does not extend to a sale made to a statutory heir in consideration of his future right of inheritance.
- The right of pre-emption is barred, if the sale is made under compulsory execution or by a trustee in bankruptcy.
- If the right of pre-emption belongs to several persons in common, it may be exercised only as a whole. If it is extinguished in respect of one of the persons entitled, or if one of them does not exercise his right, the others are entitled to exercise the right of pre-emption as a whole.
- The right of pre-emption is not transferable and does not pass to the heirs of the person entitled to it, unless it is otherwise provided. If the right is limited to a fixed time, it passes by inheritance in case of doubt.
