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ResourcesThai Civil and Commercial CodeBook3Book III Specific Contracts Title I Sale Chapter I Nature and Essentials of the Contract of Sale Part I

Book III Specific Contracts Title I Sale Chapter I Nature and Essentials of the Contract of Sale Part I

Page: 66

Section: 451 - 455

Section 451.- A person who uses force for protecting his right is not liable to make compensation if under the circumstances the help of the Court or of the proper authorities is not obtainable in due time and there is danger that, if he does not act immediately, the realisation of his right will be frustrated or seriously impeded.

The using of force according to the foregoing paragraph must be strictly limited to that which is necessary for averting the danger.

If any person does the act specified in the first paragraph under the erroneous assumption that the necessary conditions exist to render his act lawful, he is liable to make compensation to the other person, even if the error was not due to his negligence.

               

Section 452.- A possessor of an immovable property is entitled to seize animals belonging to another person which cause injury on such property and retain them as security for any compensation which may be due to him ; he is even entitled to kill them if necessary under the circumstances.

However he must give notice without delay to the owner of the animals. If the owner could not be found the person seizing must take proper measures to seek him out.

 

BOOK III

SPECIFIC CONTRACTS

TITLE I

SALE

CHAPTER I

NATURE AND THE ESSENTIALS OF THE CONTRACT OF SALE

PART I

GENERAL PROVISIONS

 

Section 453.- Sale is a contract whereby a person, called the seller, transfers to another person, called the buyer, the ownership of property, and the buyer agrees to pay to the seller a price for it.

 

Section 454.- A previous promise of sale made by one party has the effect of a sale only when the other party has given notice of his intention to complete the sale and such notice has reached the person who made the promise.

If no time has been fixed in the promise for such notification, the person, who made the promise, may fix a reasonable time and notify the other party to give a definite answer within that time whether he will complete the sale or not. If within that time he does not give a definite answer, the previous promise loses its effect.

 

Section 455.- The time of the completion of the contract of sale is referred to hereafter as the time of sale.