Talk:2468th Sec 0370
French Concept of the Effects of Reciprocal Contracts
In the Title "Effects of Reciprocal Contracts" (Secs.369 – 376), the Thai drafter follows mainly the traditional Japanese Arts. Arts.533 – 539.
Especially, Sec.370 adopted the traditional Japanese Art.534, which shows the special feature of the French concept on "Burden of risk of loss". Contrary to the German concept, the French concept lets the creditor bear the burden of risk of loss. The ground of this concept was Art.1138:
- The consent of the parties is all that is necessary to make the obligation of delivering the thing complete. Such consent makes the person to whom deliyery has to be made the owner, and the thing is at his risk from the moment it ought to have been delivered (^), although delivery may not have been actually given, unless the person bound to deliver is in default in delivering the same, in whioh ease the thing is at his risk.
The Japanese Art.176 adopted this French principle. Accordingly, at the moment where the subject matter of a reciprocal contract is lost, damages, or storen, the creditor had already obtained its ownership. This is the reason for the principle that the creditor must bear the burden of risk of loss. Codesuser (talk) 15:35, 16 October 2025 (UTC)
