civil and commercial code thailand pdf

Section 803. Section 2. The pledgee must notify the pledgor in writing of the time and place of the auction. The right of redemption may be exercised only against: Section 499. Section 682 A person may agree to be surety for another surety. The provisions of Section 415 paragraph 2 apply correspondingly. Section 522. Section 853. Section 840. If a hire of property held subject to a right of redemption is registered by the competent official, it shall be valid for not more than one year of its remaining duration, provided that it is not made for the purpose of injuring the seller. Alternative 1 is the no action If a loan is made for a sum of money, and the borrower accepts goods or other property instead of such sum, the amount of the debt due shall be considered as equal to the market value of the goods or property at the time and place of delivery. . A mortgage does not extend to the fruits of the mortgaged property except after the mortgagee has notified the mortgagor or the transferee of his intention to enforce the mortgage. Section 676 On discovery of the loss or damage to the property not expressly deposited, the traveller or guest must communicate the fact to the proprietor of the inn, hotel or any such place at once, failling which teh proprietor shall be releived of the responsibility provided in Sections 674 and 675. Section 659 If the deposit is undertaken gratuitously the depositary is bound to exercise as much care of the property deposited as he is accustomed to exercising in his own affairs. When the price is not determined as aforesaid, the buyer must pay a reasonable price. But the principal who allows his agent to act as a principal cannot prejudice the rights of the third person against the agent acquired before notice of agency. Section 758. In case of breach of contract by default of the last payment, the owner is entitled to forfeit previous payment and resume possession of the property only after the expiration of one installment period. Section 467. The gift of a property the sale of which must be made in writing and registered by such competent official is valid only when so made and registered by the competent official. An action for reimbursement of expenses incurred for the preservation or maintenance of the pledged property. A person who had made a performance for an intended result which is not produced is not entitled to restitution, if, from the beginning, it was known to him that the production of the result was impossible or if he was prevented the result in violation of good faith. Section 731. If an instrument issued to a named person and not transferable by indorsement is pledged, the pledge must be stated on such instrument, and cannot be set up against the debtor under such instrument or third persons, unless it is notified to such debtor. 0000006707 00000 n Section 772. The contractor is bound to allow the employer or his agents to inspect the work during its execution. endstream endobj 114 0 obj <>/Size 89/Type/XRef>>stream If the deposit is undertaken with rumeneration the depositary is bound to exercise such care asn skill as a person of ordinairy prudence would exercise in the circumstances. Section 773. Delivery may be made by doing anything which has the effect of putting the property at the disposal of the buyer. The Thailand Civil and Commercial Code is the main body of laws that deals with the legal affairs and rights of private persons (natural and juristic persons). A person who has made an act of performance, the purpose of which is contrary to legal prohibition or good morals, cannot claim restitution. Section 719. If the buyer does not reject the purchasing within deadline specified in the contract or by commercial practice or setting by the seller; or, If the buyer does not return the property to the seller within the said deadline; or, If the buyer fully uses all the property or in some parts; or. The seller is not liable in the following cases: Section 474. startxref Section 510. The agent is entitled to retain any property of the principal in his possession by reason of agency until he has been paid all that is due to him on account of agency. This Act is called the "Act Amending the Civil and Commercial Code (No. However such person cannot claim reimbursement of the ordinary expenses for maintenance, repairs or charges made within the time during which he has acquired the fruits. If a mortgaged property is divided into parcels, the mortgage continues notwithstanding to extend to each and all of such parcels. The warehousman is bound to allow the holder of the warehouse receipt or the holder of the warrant to inspect the goods and to take samples at any reasonable time during business hours. If the defect was apparent at the time of the delivery, and the buyer accepts the property without reservation. Section 530. Section 471. If the buyer sells the property or makes any buying signals. Section 844. According to the report of Mr. Ren Guyon in 1919, the final draft for the "Civil and Commercial Code, Book on Obligations" was accomplished in 1917.He wrote: "The preliminary drafting [of Book on Obligations] of about 1400 Sections took some time (1908 - 1912), and a Draft was then submitted to the Revising Committee (1913 . To verify the property, if there is no buying deadline, the seller may specify the reasonable deadline period and give a notice to the buyer to accept or reject the buying or not. Section 697 If, owing to the creditor's own acts, the surety cannot be subrogated wholly or partially into the creditor's rights, mortgages, pledges and preferential rights which have been given before or at the time of suretyship for the performance of the obligation, the surety is discharged to the extent of the injury suffered by him thereby. Some of you might have thought of the United States To marry is to unite. But he cannot exercise such right unless: The surplus (if any) remaining after such payment must be paid to the owner of such properties or deposited at the Deposit Office according to the provisions of Sections 331 and 333. Section 843. . Section 738. If the agent in executing the matters entrusted to him has made advances or expenses which could reasonably be regarded as necessary, he may claim from the principal reimbursement with interest from the day when they were made. A person who holds out another person as his agent or knowingly allows another person to hold himself out as his agent, is liable to third persons in good faith in the same way as such person was his agent. j2on][L!?7d-92$%Py /zteq9_k()4Lt Find practical and legitimate guide about Thailand laws and legal acts on corporate matters, immigration, civil and criminal law, family law, and many others. Section 825. The provisions of this Title XIII apply to contracts of pledge entered into with licensed pawnbrokers only in so far as they are not contrary to the Laws or Regulations concerning Pawnbrokers. Section 750. In Thailand, a testator may disinherit any of their statutory heirs only by an express declaration of their intention to do so. A commission agent is a person who, in the course of his business undertakes to buy sell property or undertakes any other commercial transaction in his own name on account of the principal. Section 591. Section 677 A notice posted in the inn, hotel or other such place excluding or limiting the liability of the proprietor is void unless the traveller or guest expressly agreed to such exclusion or limitation of liability. A person may mortgage his property as security for the performance of an obligation by another person. 0000003358 00000 n Contact ILCT. A person whose right of ownership over a property is subject to a condition may mortgage such property only subject to such condition. Section 748. the mortgage at any time, but if he has been notified by the mortgagee of the mortgagee's intention to enforce the mortgage, he must do so within one month thereafter. Find practical and legitimate guide about Thailand laws and legal acts on corporate matters, immigration, civil and criminal law, family law, and many others. The employer is entitled to cancel the contract without waiting for the time agreed upon for delivery. Title VI Hire of Services 575 - 586. Processes of mergers are the following. Section 680 Suretyship is a contract whereby a third person, called the surety, binds himself to a creditor to satisfy an obligation in the event that the debtor fails to perform it. If the borrower uses the property lent for purposes other than ordinary purposes or purposes appearing from the contract, or lets a third person have the use of it, or keeps it longer than ought to, he is liable for any loss or damage to the property caused by force majeure unless he proves that the loss or damage would have happened in any case. Agency in Thailand, a agency contract or agency by law is a contract (power of attorney) where one person (the principal) grants authority for another person (the agent) to act on his behalf with a third party. Home Civil and Commercial Code Undue Enrichment (Section 406-419). Torts (Section 420-437) . It contains areas such as family law, inheritance law, contract law, property law, corporate law and commercial law. That each property is security only for a specified part of the obligation. Section 503. The agent is not entitled to remuneration in respect of that part of his agency which he has misconducted. Section. A contract of mortgage must specify the property mortgaged. We Can Help. Section 1. Section 741. Section 684 The surety is liable for the costs of action to be paid by the debtor to the creditor, but he is not liable for such costs if the action was entered without first demanding performance from him. Obligations (Section 395-405) When agency is extinguished by the death of the agent or the agent becoming incapacitated or bankrupt, the heir or the person having lawful charge of the agent's estate must notify the principal and take steps to protect the interest of the principal as may be reasonable under the circumstances until the principal can protect such interest. If the proceeds are less than amount due, the debtor of the obligation remains liable for the difference. A mortgagor, who has mortgaged his property as security for the performance of an obligation by another person and performs the obligation on behalf of the debtor to prevent the enforcement of the mortgage, is entitled to recover from the debtor the amount of the performance. Important Points of Contract Review in Thailand, Application for legitimation of the child in Thailand, Thailand Relaxes Law of Work Permit for Foreigners, Withdrawing Shareholder Meeting Resolutions, Falsification of Company Accounts in Thailand, Crackdown on Thai Nominees in the Tourism Business, Acquisition of Condo by Thai National Married to Foreign Spouse, Developments, Structures, and Relationships between European Union and ASEAN. He notifies his refusal to the transferee, other registered creditors, the former owner and the principal debtor. In Thailand, where a person died without having executed a will to govern the distribution of his assets, the provisions of the Thai Civil Thailand Civil and Commercial Code states that when a person committed wrongful act against another person, thereby causing the latter an injury, they are Countries around the world are adamant in protecting the interests of their citizens. Section 511. If the agent has used for his own benefit money which ought to have handed over to the principal or to have used for the principal, he must pay interest thereon from the day when he used it for his own benefit. Section 3.On and from the day of operation of this Code, all other laws, bye laws and regulations in so far as they deal with matters governed by this Code or . Title V Hire-Purchase 572 - 574. Section 604. Section 708. Civil and Commercial Law Civil and Commercial Code: Right of Retention. Franchising of a business in Thailand is one of the most common business endeavors in the country. Book5. ODM makes no representation or warranty, either expressed or implied, in fact or in law, with respect to the accuracy, completeness or appropriateness of the data, materials or documents contained or referenced herein or provided. Section 826. The auction shall be completed when the auctioneer accepts the final price by knocking the wood hammer or any practical acts in auct ion; otherwise the bidder can withdraw his bid in anytime. Costs of the sale borne by the buyer must be reimbursed together with the price. Civil and Commercial Code ( ) General Provisions Sections 1 - 14 Persons (natural) Sections 15 - 36 Domicile and disappearance Sections 37 - 64 Juristic Persons Sections 65 - 79 Associations Sections 78 - 109 Foundations Sections 110 - 136 Things Sections 137 - 148 Juristic Acts (declaration/ void/ voidable . Commonly, a state that has a civil code generally also has a code of civil procedure. 20), B.E. Section 814. The Thailand Civil and Commercial Code is the main body of provisions dealing with the legal affairs and rights of private persons (natural and legal persons). If the amount of the remuneration is not fixed, the usual remuneration is deemed to have been agreed upon. Any performance, either wholly or partly, or any extinction, or any agreement modifying the mortgage or the obligation secured, must be registered by the competent official on the request of the interested party, failing which it cannot be set up against a third person. Notwithstanding any clause in the contract to the contrary, a property mortgaged to one person may be mortgaged to another person during the continuance of the previous contract. Costs of the contract, costs of delivery of the property lent and costs of return are born by the borrower. A betrothal can be effected only when the man and the women have completed there . Section 899. For the purpose of this provision, any money lent to a person while gambling or betting the time or place of such play shall be presumed to have been lent for such gambling or betting. The owner may also terminate the contract in case of default of two successive payments, or breach of any material part of the contract; in which case all previous payments are forfeited to the owner who is entitled to resume possession of the property. Section 605. This work and any original materials produced and published by Open Development Mekong herein are licensed under a CC BY-SA 4.0. The seller is bound to deliver to the buyer the property sold. But he is not liable for loss or damage caused by force majeure or by the nature of the property or by the fault of the traveller or guest or of his attendant or of a person whom he has received. Thailand is a civil law country, and its Civil and Commercial Code (1925) is on the basis of the Roman law, adopting the Germanist style through the copying and re. It shall come into force on the 1 st date of January B.E. The mortgagee may enforce the mortgage even after the obligation secured has been barred by prescription, but arrears of interest on the mortgage cannot be enforced for more than five years. If a loan is made for a sum of money, and the lender accepts goods or other property for the repayment of the loan, the amount of the debt extinguished thereby shall be considered as equal to the market value of the goods or property at the time and place of delivery. No action for compensation in connection with a loan for use can be entered later than six months after the extinction of the contract. Section 663 Although the parties have fixed a time for the return of the property deposited, the depositary must return it at any time on demand made by the depositor. If the net proceeds of the auction are more than the sum offered by the transferee, the costs of the auction shall be borne by him; otherwise, the creditor demanding the sale shall bear the costs of the auction. Section 645. Section 829. TITLE I . Section 898. 0000001099 00000 n Section 668 The depositor is bound to reimburse the depositary for any expenses which were necessary for the preservation or maintenance of the property deposited, unless such expenses were incumbent upon the depositary under the contract of deposit. News article summaries are extracted from their sources, as guided by fair-use principles and are copyrighted by their respective sources. Section 1. (THA-1985-L-89581) Civil and Commercial Code. If fixed by periods the remuneration is payable at the end of each period. Sale with right of redemption is a contract of sale whereby the ownership of the property sold passes to the buyer subject to an agreement that the seller can redeem that property. Section 828. A broker is not personally liable for the performance of the contracts entered into through his mediation, unless he has not communicated the name of a party to the other party. This Book includes provisions on the family, including marriage and divorce. The pledgee of a bill shall, without previous notification being necessary, collect it on the day of its maturity. If, without the consent of the pledgor, the pledgee usues the pledged property or lets a third person have custody over it, he is liable for any loss or damage to the pledged property, even caused by force majeure, unless he proves that the loss or damage would have happened in any case. Section 810. In case where he has to return such thing, he is deemed to be in bad faith from the time when restitution is demanded. For enforcement of mortgage the mortgagee must notify the debtor on writing to perform his obligation within a reasonable time to be fixed in the notice. Section 666 The depositary is bound to deliver with the property any fruits which may have accrued from it. and commercial use management allocations to accommodate 30-year use projections; and changes to recreation area unit boundries and recreation opportunity spectrum designations. The mortgagee is entitled to be paid out of the mortgaged property in preference to ordinary creditors regardless as to whether or not the ownership of the property has been transferred to a third person. Between the principal and the commission agent, a transaction concluded by the latter shall have the same effect as if it had been concluded directly in the name of the principal. Section 818. Section 694 In addition to the defences which the surety has against the creditor, he can also set up defences which the debtor has against the creditor. No action for liability for defect can be entered later than one year after the discovery of the defect. Chapter IV Extinction of Contract of Hire 564 - 571. Materials on the Open Development Mekong (ODM) website and its accompanying database are compiled from publicly available documentation and provided without fee for general informational purposes only. . Section1435. duensingkippen.com Civil Litigation in Thailand: PART 6 - damages FAMILY . MARRIAGE . Section 688 When the creditor demands performance of the obligation from the surety, the latter may require that the debtor be first called upon to perform unless the debtor has been adjudged bankrupt, or his whereabouts in Thailand in unknown. Civil and Commercial Code - Book 5. Page 185. Section 477. A future or conditional obligation may be secured for the event in which it would have effect. Compensation in case of non-performance of the obligation. When you think of traveling, what country comes out of your mind? law and rules; civil and commercial code book iii specific contracts title xxii partnerships and companies Section 848. Plod was instrumental in replacing the French Civil Code of 1804 with the German Civil Code of 1900 ("BGB") as the principal model and introducing the Japanese Civil Code of 1898 ("JCC") and a copying method which he referred to as the 'Japanese method' to the new Thai-dominated drafting committee. Before the obligation is due, any agreement that the mortgagee shall, in case of non-performance, become the owner of the mortgaged property or dispose of it otherwise than in accordance with the provisions concerning Enforcement of Mortgage, shall be invalid. Section 745. Year: 2008. . Book6. Section 681 Suretyship can be given only for a valid obligation. 0000005719 00000 n If data were an open forest would anyone use it? Section 801. Section 839. Section 767. Section 616 The carrier is liable for any loss, damage or delay in delivery of the goods entrusted to him, unless he proves that the loss, damage or delay is caused by force majeure or by the fault of the sender or consignee. The causes for extinction of agency, whether arising from the principal or agent, cannot be set up against the other party, until they have been notified to the other party or the latter has knowledge of them. Section 573. Section 621 Compensation in case of delay in delivery cannot exceed the amount which could be awarded in case of total loss of goods. Section 717. Section 823. Each company invites their shareholders to a meeting and conducts a special Resolution of merger with the vote of not less than of the total shares of those present in the meeting. If the property which was unduly received is a sum of money, restitution must be made in full, unless the person who received it was in good faith in which case he is only bound to return such part of his enrichment as still exists at the time when restitution is demanded. If he disposes of it contrary to his agreement, he shall be liable to the seller for any injury resulting thereby. Section 1044. Section 756. Compensation for injury caused by non-apparent defects of the pledged property. If the agent in executing the matters entrusted to him has assumed an obligation which could reasonably be regarded as necessary, he may require the principal to perform in his place or if the time of its maturity has not yet arrived, to give proper security. Section 518. As of June 9, 2020, the Thai Cabinet has introduced an Amendment to Thailand's Civil & Commercial Code ("Amended CCC"). Section 834. The seller cannot make a bid or let any person to make a bid, except specified in the bidding terms and conditions that the seller has the right to bid. Section 723. Don Sornumpol. Section505. The buyer is bound to take delivery of the property sold and to pay the price in accordance with the terms of the contract of sale. English law, the French Civil Code, and others influence the formation of the Code in order to find out . The pledge is bound to keep the pledged property in safe custody and take as much care of it as a person of ordinary prudence would take of his own property. To unite is to support each other. In such case, if any rights over the mortgaged property existing in favour of or against the person who has so previously acquired the mortgaged property have been extinguished by merger at the time of his acquisition, they shall revive in his favour or against him after he has been deprived of the mortgaged property. Section 636 If the passenger does not take delivery of the luggage within one month after its arrival, the carrier can sell it by public auction.If the luggage is of a perishable nature, the carrier can sell it by public auction twenty-four hours after its arrival.The provisions of section 632 apply mutatis mutandis. If the work is to be accepted in parts and the remuneration has been specified for the several parts, the remuneration for each part is payable at the time of its acceptance. If a non-managing partner manages the business of the partnership or a managing partner acts beyond the scope of his authority, the provisions of this Code concerning Management of Affairs without Mandate shall apply. Section 527. section 451-1297. A mortgage is a contract whereby a person, called the mortgagor, assigns a property to another person, called the mortgagee, as security for the performance of an obligation, without delivering the property to the mortgagee. The heir of the donor can claim revocation only if the donee has intentionally and unlawfully killed the donor or prevented him from revoking the gift. If an agent does an act without authority or beyond the scope of his authority, such act does not bind the principal unless he ratifies it. Section 484. If the other party to the transaction does not perform his obligation, the commission agent is not himself liable to the principal for the performance unless it is provided by the contract, or may be implied from the course of dealing between the principal an agent, or by local usage. Section 691 If the surety is bound jointly with the debtor, he has not the rights mentioned in Sections 688, 689 and 690. The transferee cannot, however, claim any sum spent by him, or reimbursement of his expenses for improvements, except so far as he has increased the value of the property, and only up to the amount of the increase of value at the time of auction. Section 685 If, on enforcement of the contract of suretyship, the surety does not perform the whole of the obligation of the debtor, together with interest, compensation and accessories, the debtor remains liable to the creditor for the balance. A gift may be made by granting to the donee the release of an obligation or by performing an obligation due from the donee. The Civil and Commercial Code of Thailand contains the property law, corporate law, family law, inheritance law, contract law, commercial law, and more. Section 608 A carrier, within the meaning of this Title, is a person who in the usual course of business undertakes to transport goods or passengers for remuneration. The principal may revoke the authority and the agent may renounce the agency at any time. Section 687 The surety is not bound to perform the obligation before the time fixed for performance, although the debtor can no longer take advantage of a time of commencement or ending. Section 824. Section 664 If the parties have fixed no time for the return of the property deposited,the depositary can return it at any time. A calculation of the total amount due to each of the creditors including accessories, and the sum which would be distributed to them according to their respective ranks. 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If the price of redemption or the price of the sale, at the time of redemption, is higher than the real price of the sale more than fifteen percent per year, it shall be redeemed at a real price including fifteen percent per year of profit. Section 797. In a sale by description, the seller is bound to deliver property corresponding to the description. The auctioneer cannot make a bid or let any person to make a bid for his own benefit that he is control the bidding process. The costs of transportation of the property sold to a place other than the place of performance are to be borne by the buyer.

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