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ResourcesThai Civil and Commercial CodeBook1Void and Voidable Acts Chapter IV Conditions and Time

Void and Voidable Acts Chapter IV Conditions and Time

Page: 26

Section: 179 - 184

Section 178.- The avoidance of or ratification to an avoidable act could be made by a declaration of intention made to the other party who is a determinate person.

 

Section 179.- A ratification is valid only if it is made after the state of facts forming the ground of voidability has ceased to exist.

When a person adjudged incompetent or quasi-incompetent or a person of unsound mind who did an avoidable juristic act under Section 30 acquires knowledge of such act after he has recovered his capacity, he can ratify it only after acquiring knowledge.

The heir of the person having done the avoidable juristic act can ratify such act after the death of such person unless the right to avoid the avoidable juristic act of the deceased has extinguished.

The provisions of paragraph one and paragraph two shall not apply to a ratification to the avoidable juristic act made by the legal representative, guardian or curator.

 

Section 180.- If after the time when ratification according to Section 179 could be made, any of the following facts takes place in regard to an avoidable act by an act of the person entitled to avoid the avoidable act under Section 175, it is deemed to be ratified, unless a reservation is expressed, such as :

                (1)  The obligation has been fully or partially performed ;

                (2)  The performance of the obligation has been demanded ;

                (3)  A notation of the obligation has been effected ;

                (4)  Security has been given for the obligation ;

                (5)  The whole or part of right or liability has been transferred ;

                (6)  Any other acts done which indicate the ratification.

 

Section 181.- A violable act cannot be avoided later than one year from the time when ratification could have been made, or later than ten years since the act was done.

 

CHAPTER IV

CONDITIONS AND TIME

 

Section 182.- A clause which subordinates the effect or the end of the effect of a juristic act to a future and uncertain event, is considered a condition.

 

Section 183.- Section .- A juristic act subject to a condition precedent takes effect when the condition is fulfilled.

A juristic act subject to a condition subsequent is to have effect when the condition is fulfilled.

If the parties to the act have declared an intention that the effect of the fulfilment of a condition shall relate back to a time before its fulfilment, such intention is to govern.

 

Section 184.- Any party to a juristic act subject to a condition must not, while the condition is pending, do any thing by which the benefits which the order party might derive from the fulfilment of the condition will be impaired.