Thailand Civil and Commercial Code Sections-608-679
TITLE VIII
CARRIAGE
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.
Section 609 The carriage of goods or passengers by the Royal State Railways Department of Siam or the postal articles by the Post and Telegraph Department are governed by the laws and regulations concerning those departments. The carriage of goods by sea is governed by the laws and regulations relating to maritime transport.
Chapter I
Carriage of Goods
Section 610 The person making an agreement with a carrier for the transportation of goods is called the sender or consignor. The person to whom the goods are forwarded is called the consignee. The remuneration to be paid for the transportation of the goods is called the freight.
Section 611 The accessories of the freight comprise any customary expenses duly incurred by the carrier in the course of transportation.
Section 612 If required by the carrier, the sender must supply a way-bill. The way-bill must show the following particulars:
- The nature of the goods sent, their weight or bulk, and the nature, number, and marking of the packages.
- The place of destination.
- The name or trade name and address of the consignee.
- The place where and time when the way-bill is made out.
The way-bill must be signed by the sender.
Section 613 If required by the sender, the carrier must supply a consignment note. The consignment note must show the following particulars:
- Those mentioned in Section 612, subsections 1, 2, and 3.
- The name or trade name of the sender.
- The amount of freight.
- The place where and the time when the consignment note is made out.
The consignment note must be signed by the carrier.
Section 614 Even though a consignment note has been made out to a named person, it can be transferred by endorsement, unless the endorsement is forbidden in the consignment note.
Section 615 If a consignment note has been made, delivery can be obtained only on its surrender or on proper security being given by the consignee.
Section 616 The carrier is liable for any loss, damage, or delay in the delivery of the goods entrusted to them, unless they prove that the loss, damage, or delay was caused by force majeure or by the fault of the sender or consignee.
Section 617 The carrier is liable for loss, damage, or delay caused by the fault of other carriers or persons to whom they entrusted the goods.
Section 618 If the goods are transported by several carriers, they are jointly liable for loss, damage, or delay.
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 they shall be liable for any injury caused by them.
Section 620 The carrier is not liable for specie, currency notes, bank notes, bills, bonds, shares, debentures, warrants, jewels, and other valuables, unless they are given notice of the value or nature of such goods when they are delivered to them. If the value is declared, the liability of the carrier is limited to the declared value.
Section 621 Compensation for delay in delivery cannot exceed the amount that could be awarded in the case of the total loss of goods.
Section 622 The carrier must notify the consignee as soon as the goods arrive.
Section 623 If the goods were transported by several carriers, the last of them can exercise the rights described in Sections 630, 631, and 632 for the amounts due to them all for freight and accessories.
Chapter II
Carriage of Passengers
Section 634 The carrier of passengers is liable to a passenger for personal injuries and for damages immediately resulting from delay suffered by reason of the transportation, unless the injury or delay is caused by force majeure or by the fault of the passenger.
Section 635 Luggage entrusted to the carrier in time must be delivered upon the passenger’s arrival.
Section 636 If the passenger does not take delivery of the luggage within one month after its arrival, the carrier may sell it by public auction. If the luggage is of a perishable nature, the carrier may sell it by public auction twenty-four hours after its arrival. The provisions of Section 632 apply mutatis mutandis.
Section 637 The rights and liabilities of the carrier for luggage entrusted to them are governed by Chapter I, even if the carrier did not make a separate charge for it.
Section 638 The carrier is not liable for luggage that has not been entrusted to them unless such luggage is lost or damaged due to the fault of the carrier or their employees.
Section 639 Any provision in a ticket, receipt, or other document delivered by the carrier to the passenger excluding or limiting the carrier’s liability is void unless the passenger expressly agrees to such exclusion or limitation of liability.
Title IX
Loan
Chapter I
Loan for Use
Section 640 A loan for use is a contract whereby a person, called the lender, lets another person, called the borrower, have gratuitously the use of property, and the borrower agrees to return it after having made use of it.
Section 641 A loan for use is complete only upon the delivery of the property lent.
Section 642 Costs of the contract, costs of delivery of the property lent, and costs of return are borne by the borrower.
Section 643 If the borrower uses the property lent for purposes other than ordinary purposes or those appearing from the contract, or lets a third person use it, or keeps it longer than agreed, they are liable for any loss or damage to the property caused by force majeure unless they prove that the loss or damage would have happened in any case.
Section 644 The borrower is bound to take as much care of the property lent as a person of ordinary prudence would take of their own property.
Section 645 In any case provided in Section 643, or if the borrower acts contrary to Section 644, the lender may terminate the contract.
Section 646 If no time is fixed, the property shall be returned after the borrower has made use of it for the purpose appearing from the contract. The lender may claim the return of the property earlier if so much time has elapsed that the borrower could have made the use of it. If no time is fixed and no purpose appears from the contract, the lender may claim the return at any time.
Section 647 Expenses for the ordinary maintenance of the property lent must be borne by the borrower.
Section 648 A loan for use is extinguished by the death of the borrower.
Section 649 No action for compensation in connection with a loan for use can be entered later than six months after the extinction of the contract.
Chapter II
Loan for Consumption
Section 650 A loan for consumption is a contract whereby the lender transfers to the borrower the ownership of a certain quantity of property which is consumed in the use, and the borrower agrees to return property of the same kind, quality, and quantity. The contract is complete only upon the delivery of the property.
Section 651 Costs of the contract, costs of delivery of the property lent, and costs of return are borne by the borrower.
Section 652 If no time for the return of the property lent has been fixed, the lender may give notice to the borrower to return the property within a reasonable time to be fixed in the notice.
Section 653 A loan of money for a sum exceeding two thousand baht in capital is not enforceable by action unless there is some written evidence of the loan signed by the borrower. No repayment of a loan of money evidenced by writing may be proved unless there is some written evidence signed by the lender, or the document evidencing the loan has been surrendered to the borrower or canceled.
Section 654 Interest shall not exceed 15% per year; when a higher rate of interest is fixed by the contract, it shall be reduced to 15% per year.
Section 655 Interest shall not bear interest. 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 amount shall bear interest, but such an agreement must be made in writing. Commercial usage for the calculation of compound interest in current accounts, as well as in similar commercial transactions, is not governed by this paragraph.
Section 656 If a loan is made for a sum of money, and the borrower accepts goods or other property instead of such a sum, the amount of the debt due shall be considered equal to the market value of the goods or property at the time and place of delivery. 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 equal to the market value of the goods or property at the time and place of delivery. Any agreement to the contrary is void.
Title X
Deposit
Chapter I
General Provisions
Section 657 A deposit is a contract whereby a person, called the depositor, delivers property to another person, called the depositary, and the depositary agrees to keep it in their custody and return it.
Section 658 Remuneration for the deposit is deemed to have been impliedly agreed upon if, under the circumstances, the undertaking of the deposit is expected to involve remuneration.
Section 659 If the deposit is undertaken gratuitously, the depositary is bound to exercise as much care of the property deposited as they are accustomed to exercising in their own affairs. If the deposit is undertaken with remuneration, the depositary is bound to exercise such care and skill as a person of ordinary prudence would exercise in the circumstances. This includes the exercise of special skill where such skill is required. If the depositary professes a particular trade, business, or calling, they are bound to exercise the degree of care and skill usual and requisite in such trade, business, or calling.
Section 660 If, without the permission of the depositor, the depositary uses the property deposited or lets a third person use or have custody of it, they are liable for any loss or damage to the property, even if caused by force majeure, unless they prove that the loss or damage would have happened in any case.
Section 661 If a third person claims rights over the property deposited and initiates an action against the depositary or attaches the property, the depositary must forthwith give notice thereof to the depositor.
Section 662 If a time for the return of the property deposited has been fixed, the depositary has no right to return the property before such time, except in the case of unavoidable necessity.
Section 663 Although the parties have fixed a time for the return of the property deposited, the depositary must return it at any time upon demand made by the depositor.
Section 664 If the parties have fixed no time for the return of the property deposited, the depositary can return it at any time.
Section 665 The depositary is bound to return the property deposited to the depositor, or to the person in whose name it was deposited, or to the person to whom they have been duly directed to return it, provided that if the depositor dies, the property deposited shall be returned to their heir.
Section 666 The depositary is bound to deliver with the property any fruits that may have accrued from it.
Section 667 Costs of returning the property deposited shall be borne by the depositor.
The depositor is bound to reimburse the depositary for any expenses that were necessary for the preservation or maintenance of the property deposited, unless such expenses were incumbent upon the depositary under the contract of deposit.
Section 668 The depositor is bound to reimburse the depositary for any expenses that were necessary for the preservation or maintenance of the property deposited, unless such expenses were incumbent upon the depositary under the contract of deposit.
Section 669 If no time for payment of remuneration is fixed by the contract or by custom, the remuneration is payable when the property deposited is returned. If fixed by periods, the remuneration is payable at the end of each period.
Section 670 The depositary is entitled to retain the property deposited until they have been paid all that is due to them on account of the deposit.
Section 671 No action for remuneration, reimbursement of expenses, or compensation in connection with a deposit can be entered later than six months after the extinction of the contract.
Chapter II
Special Rules for Deposit of Money
Section 672 If the deposit is of money, it is presumed that the depositary is not required to return the same specie, but only the same amount. The depositary may use the money deposited and is only bound to return an equivalent amount. They are bound to return such an amount even if the money deposited has been lost due to force majeure.
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 the agreed time, nor may the depositary return it before such time.
Chapter III
Special Rules for Innkeepers
Section 674 The proprietor of an inn, hotel, or other such place is liable for any loss or damage to the property which the traveller or guest lodging with them may have brought.
Section 675 The proprietor is liable for loss or damage to the property of the traveller or guest, even if caused by strangers going to and from the inn, hotel, or other such place. Their liability is limited to the sum of five thousand baht if the property is specie, currency notes, bills, bonds, shares, debentures, warrants, jewels, or other valuables, unless the property has been deposited with them and its value has been clearly stated. However, they are not liable for loss or damage caused by force majeure, the nature of the property, or the fault of the traveler, guest, their attendant, or a person whom they have received.
Section 676 Upon discovering 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 other such place at once, failing which the proprietor shall be relieved of the responsibility provided in Sections 674 and 675.
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.
Section 678 No action for compensation for loss or damage caused to the property of the traveller or guest can be entered later than six months after the departure of the traveller or guest.
Section 679 The proprietor is entitled to retain the luggage or other property of the traveller or guest which is in the inn, hotel, or other such place until they have been paid all that is due to them for lodging and other services provided to the traveller or guest, including disbursements. They may sell the retained property by public auction and pay themselves out of the proceeds of the sale the amount due to them, along with the costs and expenses of the sale. However, they cannot exercise this right unless:
- The property has been left for six weeks without the debt being paid, and
- At least one month before the sale, they have caused an advertisement to be inserted in a local newspaper, containing a notice of the intended sale, a short description of the property to be sold, and the name of the owner, if known.
The surplus (if any) remaining after such payment must be paid to the owner of the property or deposited at the Deposit Office in accordance with the provisions of Sections 331 and 333.
| <<< Previous Page — Next Page >>> |
| Back to Main Index |
