headerimage
OpenLegalTextBook

Login

Site administration

Please enter password.

!!! JavaScript and Cookies must be activated !!!
User (optional):

Password:


Fact-checking researches:

ประมวลกฎหมายแพ่งและพาณิชย์
Civil and Commercial Code

——————————————
« Genealogy of Provisions »

〈 Book I & II 〉

[PDF] Lastly updated on 2023-10-08

French advisers' "Heritage" in Book I & II (Secs. 1 – 452)

• Tables of adoption from "Draft of 1919" over Book I&II (1923) and I&II (1925) to I (1992)

∗ On a trial basis, some parts of "Specific Contracts" (Secs. 453 – 810) are also additionally included: Tables of adoption from "Draft of 1919, Division VII" over Book III of 1925 to Book III of 1929).

[PDF] Lastly updated on 2023-04-09

Reception of the Japanese Civil Code in Book I & II (as of 1925)

• Tables of references prepared by พระยามานวราชเสวี with suplementary entries by the Translater.

∗ In the process of translation, the translater compared each Thai provisions with the German, French, Swiss, and Japanese codes and created his own provisional table of the foreign provisions which the drafters seemed to refer to. Later, the translator compared his table against the original "Index" by the drafters themselves. Then, the both tables were integrated together as an "Extended Index of Reference". As a result of this process, the translator could clearly identify several "missing" and even "doubtful" entries in the original "Index".

∗ The Extended Index includes 159 Japanes provisions which were probably referred to as models for Thai provisions. Among them, there are many provisions which have their origin in the so-called the "Old Civil Code of Japan". It was drafted by a French adviser to the Japanese government at the time, Prof. Gustave Émile Boissonade, and enacted in 1890 (see "Projet de Code civil pour le Japon" and the description). For this reason, the translator added the information about origin to each entry of the Japanese provisions; namely either Secssion numbers of the German Civil Code or the Article numbers of the "Old Civil Code of Japan. These Thai provisions from the "Old Ciivl Code of Japan" may be called "Boissonade's Heritage in the Thai codes". This fact suggests that the Thai drafters at the time were clearly aware of the difference between the German and Japanese Civil Codes. They probably intended to adopt these provisions with French origin in case the German law did not offer any suitable alternatives.

[PDF] Lastly updated on 2023-10-07

• Reasoning for the selection of a model law in each provision in Book I & II

• Tables of decisive grounds and comments by the translator for the selection of a model law (sorry, only in Japanese).

〈 Book III 〉

[PDF] Lastly updated on 2020-10-03

• Comparison: Draft of 1919, Book III of 1925, and Book III of 1929 (Title 1 – 20)

• Tables in 3 columns with the provisions of three different versions for "Specific Cpntracts"

∗ Unfortunatly, Title 21 – 23 are not included yet, however, the current comparion tables show already clearly enough how dominant the influences of the Draft of 1919 remains also in the current version of Book III "เอกเทศสัญญา".

[PDF] Latly updated on 2024-03-16

• Tracing the Alterations to the Draft of April 1924 for Book III (Chapter 1 – 21)

• Tables of the alteration process according to the "Reports"by กรมร่างกฎหมาย

∗  According to the description by Mr. Guyon (Roll 08-4-section-01, Vol.46/1) , the "Department of Legislative Drafting กรมร่างกฎหมาย" has at first issued the "printed Draft April 1924", then it was further revised by the Department "in permanent connection with the High Revising Committee". The final draft was accomplished in December 1924 (Roll 08-5, Vol.47). These last alterations to the Draft April 1924 were recorded in 41 "Reports บันทุก" included in the archive (Roll 13-5, Vol.89). This work attemps to list the alterating operations and show which provision and how was altered by which operation.

∗ At the same time, the "Draft of 1919" was referred to as sources of the "Draft April 1924". As mentioned in the coment to the next entry, the original text of the latter in English is missing. For this reason, the "Draft of 1919" offers indispensable material to reconstruct the original text of the Draft April 1924 in English.

[PDF] Lastly updated on 2024-03-19

• Reconstruction: the Draft of April 1924 for Book III (Chapter 1 – 21)

• Tables of comparison between the Div. VII of the Draft 1919, the records of alterations, the final Draft of December 1924, and Book III of 1925.

∗ This document is still in a stage of experiment. It is urgently necessary to validate the contents!

∗  As mentioned in the comments to the preceding entry, the final draft was accomplished in December 1924 (Roll 08-5, Vol.47). The "Archives of the History of Thai Codification" includes the Thai translation of the "printed Draft April 1924" (Roll 13-2, Vol.86). However, the original text of the Draft April 1924 in English is missing. This work attempts to reconstruct the English text of the Draft April 1924 in the way of comparison between the Draft of 1919, the records of final alterations (Roll 13-5, Vol.89), and the final Draft of Dec. 1924. At last, the Thai text of the provisions in Book III of 1925 was added to the tables. In this way, we could exactly evaluate the contribution by the Draft 1919 to Book III of 1925.

[PDF] Lastly updated on 2023-10-09

• Reasoning for the selection of a model law in each provision in Book III (partial)

• Tables of decisive grounds and comments by the translator for the selection of a model law (sorry, only in Japanese).

——————————————
« Accuracy Question of "Index" »

[PDF] Lastly updated on 2023-10-09

• Introduction to the Question about the Origin of the Provisions in Book I & II

• Description of the accuracy/inaccuracy question of the original "Index".

∗ As mentioned above, the translator missed several entries in the original "Index" of พระยามานวราชเสวี. On the other side, he also noticed that certain entries could be "doubtful". However, there was no possibility to check whether my recognitions were correct or misunderstanding. The situation changed as the "Archives of the History of Thai Cidification" were offered to everybody in 2019.

[PDF1] [PDF2] [PDF3] Lastly updated on 2021-09-22

• Digitized Draft Civil and Commercial Code of 1925, Book I & II

• Memorandums by the drafters in the Draft of 1925: Archive No. Roll 12-5 (Vol.79).

∗ The sources of the entries in the original "Index" were memorandums which the drafters wrote to the Draft for Book I & II. The translator digitized the Draft of 1925 and created text files of the provisions together with memorandums by the drafters. This digitized Draft made it possible to compare the missing and doubtful entries in the Index against the memorandums by the drafters.

[PDF] Lastly updated on 2023-10-09

• Comparison between the entries in the Index and memorandums in the Draft

• Table of entries and memorandums in each provisions.

∗ By way of comparison between the entries in the Index and the memorandums by the drafters, we can now check the accuracy of the original entries and identify missing or inaccurate entries.

[PDF] Lastly updated on 2019-09-24

• Reconfirmed inaccuracy and missing entries in the original Index

• Remarks to the "extended Index" as the result of the comparison between the entries and the memorandums.

∗ The results of the comparison above are now remarked to the "extended Index". The most cases of "inaccuracy doubt" and "missing entries" were successfully reconfirmed.

∗ The next step will be to apply the same method of "Genealogy" and "Comparison" to the provisions in Book III. Before we could start it, however, the translator will have to accomplish his translation of the whole provisions in Book III, which will surely take a considerable time.

This part is still in process …

—<∗ ∗ ∗ >—