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ResourcesThai Civil and Commercial CodeBook3Chapter I Sale Part II Transfer of Ownership Chapter II Duties and Liabilities of the Seller

Chapter I Sale Part II Transfer of Ownership Chapter II Duties and Liabilities of the Seller

Page: 67

Section: 456 - 464

Section 456.- A sale of immovable property is void unless it is made in writing and registered by the competent official. The same rule applies to ships or vessels of five tons and over, including floating houses and to beasts of burden.

An agreement to sale or to buy or the promise to sale or to buy as mentioned of paragraph one is not enforceable by action unless there be some written evidence signed by the party liable or deposited or paid a part of some debts.

The provisions of the foregoing paragraph shall apply to a contract of sale of movable property where the agreed price is twenty thousand baht or upwards.

 

Section 457.- The costs of a contract of sale are borne by both parties equally.

 

PART II

TRANSFER OF OWNERSHIP

 

Section 458.- The ownership of the property sold is transferred to the buyer from the moment when the contract of sale is entered into.

 

Section 459.- If a contract of sale is subject to a condition or to a time clause, the ownership of the property is not transferred until the condition is fulfilled, or the time has arrived.

 

Section 460.- In case of sale of unascertained property, the ownership is not transferred until the property has been numbered, counted, weighed, measured or selected, or its identity has been otherwise rendered certain.

In case of sale of specific property, if the seller is bound to count, weigh, measure or do some other act or thing with reference to the property for the purpose of ascertaining the price, the ownership is not transferred to the buyer until such act or thing be done.

 

CHAPTER II

DUTIES AND LIABILITIES OF THE SELLER

PART I

DELIVERY

 

Section 461.- The seller is bound to deliver to the buyer the property sold.

 

Section 462.- Delivery may be made by doing anything which has the effect of putting the property at the disposal of the buyer.

 

Section 463.- If the contract provides that the property sold shall be sent from one place to another, delivery takes place at the moment when the property is delivered to the carrier.

 

Section 464.- The costs of transportation of the property sold to a place other than the place of performance are to be borne by the buyer.