Section 619 If the goods are of a dangerous nature or are likely to cause injury to persons or property, the sender must declare their nature before making the contract of carriage, failing which he shall be liable for any injury caused by them. Section 752. Section 826. A person whose right of ownership over a property is subject to a condition may mortgage such property only subject to such condition. Section 747. Book V Family Title I Betrothal 2. section 1440 - 1447. There are over a billion travelers all over the world. Section 665 The depositary is ound to return the property deposited tot the depositor, or to the person in whose name it was deposited, or to the person to whom he has been duly directed to return it. The lender may claim the return of the property earlier, if so much time has elapsed that the borrower might have made the use of it. 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. When the mortgagee intends to enforce the mortgage against the transferee of a mortgaged property, the latter must be served with a written notice one month before the enforcement of the mortgage. 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. 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. A broker is presumed to have no authority to receive on behalf of the parties payments or other performances due under the contract. Section 803. The agent must hand over to the principal all the moneys and other properties which he receives in connection with the agency. Section 513. A contract of compromise is not enforceable by action unless there be some written evidence signed by the party liable or his agent. Section 601. Section 754. If the debtor fails to comply with such notice, the mortgagee may enter an action in Court for a judgment ordering the mortgaged property to be seized and sold by public auction. Section 849. Generally, the Court of Appeals has jurisdiction to hear appeals for decisions rendered by the . Section 603. Thai Limited Company Law. Book V Family Title I Chapter II Conditions of Marriage. Section 471. Section 2.It shall come into force on the 1 st date of January B.E. In a sale of immovable property where the total area is specified and the seller delivers the property less or more than he contracted for, the buyer has the option either to reject or accept it and pay the proportionate price. Section 848. It Love always comes as a surprise, do you believe? Section 646. Section 592. It shall come into force on the 1 st date of January B.E. Section 696 The surety has no righ of recourse against the debtor, if he performs the obligation without informing the debtor who, in ignorance or the fact, performs it. The transferee of a mortgaged property may remove the mortgage, provided that he is not the principal debtor, a surety or an heir of either of them. Section 715. The property that the buyer having option to verify before delivery, if the buyer does not accept it within the deadline stated in the contract or commercial practice or deadline setting by the seller, the selling contract is unbound. The broker is entitled to be reimbursed for expenses incurred only if it has been agreed upon. 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 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. In case of an emergency, the agent is presumed to have an authority to do, in order to protect his principal from loss, all such acts as would be done by a person of ordinary prudence. Section 673 When the depositary is bound only to return the same amount of money, the depositor may not demand the return of the money before agreed time, nor may the depositary return it before such time. A mortgage, even part performance, extend to all the properties mortgaged and the whole of each of them. Translation 775 to 796 not available at the moment, come back soon. 0000001099 00000 n A person may mortgage his property as security for the performance of an obligation by another person. 0000002027 00000 n 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. law and rules; civil and commercial code book iii specific contracts title xxii partnerships and companies A person who agrees to pay remuneration to a broker for indicating the opportunity for the conclusion of a contract, or for procuring a contract, is liable to pay the remuneration only if the contract is concluded in consequence of the indication or of the procurement by the broker. "Adoption of the Japanese Way" and the Identity of the Thai Concept The leading drafter of the "Civil and Commercial Code of Thailand (1925)", Phraya Manava I know you have already visited multiple places and checking each day for the newly updated version. https://www.samuiforsale.com/law-texts/thailand-civil-code-part-1.html. Visit Website. There are no other registered mortgages or preferential rights on the same property. A sale on approval is the selling contract that the buyer having an option to buy when verifying the buying property. A broker's remuneration is deemed to have been impliedly agreed upon, if the business entrusted to the broker is, under the circumstances, only to be expected for remuneration. An action for reimbursement of expenses incurred for the preservation or maintenance of the pledged property. Section 757. Section 899. Unless otherwise agreed in the contract of mortgage, the mortgagor may pay off the mortgage by installments. If required by principal, the agent must at all reasonable times give information as to the conditions of the matter entrusted to him. Section 714. The effect of the compromise is to extinguish the claims abandoned by each party and to secure to each party the rights which are declared to belong to him. 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 . We Can Help. Section 515. Compensation in case of non-performance of the obligation. Section 797. If the mortgagee enforces his right against all properties at the same time, the burden of the obligation is divided according to the respective value of the properties, except where the amounts of the mortgages have been specified for each property, in which case the division is made according to the respective amounts of the mortgages on such properties. A non-liability clause cannot exempt the seller from the consequences of his own acts or of facts which he knew and concealed. Information is publicly posted only after a careful vetting and verification process. Section 518. 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. Where the seller delivers the property less than he contracted for, the buyer may reject it; but if the buyer accepts it, he must pay the proportionate price. section 1298-1434. 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. and otherwise complying with the provisions of this Code, promote and form a limited company. The agent who appoints a subagent designated by the principal is liable only in case he knew his unfitness or untrustworthiness and omitted to inform the principal thereof or to revoke the subagency. Thai Civil and Commercial Code Book5, section 1435-1598. Section 516. Section 835. Where the property sold is redeemed within the period fixed by the contract or by law, or where the person who redeems deposits the price of redemption to a deposit office within the period by waiving the right to withdraw the price, the ownership of the property shall be vested in the person who redeems from the time of payment or deposit of the price, as the case may be. Section 852. Undue Enrichment. Section 572. The general rule in Thailand is codified and works from the top written law down. Section 818. In Thailand, a testator may disinherit any of their statutory heirs only by an express declaration of their intention to do so. Section 799. If the donee refused the donor who is in need of the necessaries of life while he was able to supply them. If the person who has in bad faith unduly received a property has made alternations in, or additions to it, he must return the property after having put it in its former condition at his own expense, unless the owner of the property chooses to have it returned in its present condition, in which case the owner must pay at his option either the cost of alterations or additions, or a sum representing the increased value of the property. The parties to a loan of money may, however, agree that the interest due for not less than one year shall be added to the capital, and that the whole shall bear interest, but such agreement must be made in writing. The warehouseman cannot demand the removal if the goods by the depositor before expiration of the period agreed upon. 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