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ResourcesThai Civil and Commercial CodeBook3Chapter IV Title II Exchange Title III Gift

Chapter IV Title II Exchange Title III Gift

Page: 75

Section: 527 - 536

Section 527.- If a donor binds himself to make periodical performances the obligation is extinguished on the death either of the donor or of the donee unless a contrary intention appears from the obligation.

 

Section 528.- If the gift is encumbered with a charge and the doneefails to perform the charge, the donor may, under the conditions specified for the right of rescission in the case of reciprocal contracts, demand the return of the gift under the provisions relating to the return of undue enrichment in so far as the gift ought to have been applied to the performance of the charge.

This claim is barred if a third party is entitled to require the performance of the charge.

 

Section 529.- If the property given is not sufficient to satisfy the charge, the donee has to perform only to the extent of the value of the property.

 

Section 530.- If the gift is encumbered with a charge, the donor is liable for defect or eviction in the same manner as a seller but only to the extent of the charge.

 

Section 531.- The donor can claim revocation of a gift for an act of ingratitude only in the following cases :

                (1) If the donee committed a serious criminal offence punishable under the Penal Code against the donor, or

                (2) If the donee seriously defamed or insulted the donor, or

                (3) If the donee refused the donor who is in need of the necessaries of life while he was able to supply them.

 

Section 532.- The heir of the donor can claim revocation only if the donee has intentionally and unlawfully killed the donor or prevented him from evoking the gift.

However, the heir may continue an action which has been duly entered by the donor.

 

Section 533.- A gift cannot be revoked if the donor has forgiven the donee, or if six months have elapsed since the time when the act of ingratitude came to the knowledge of the person entitled to claim revocation.

No action can be entered later than ten years after such act.

 

Section 534.- If the gift is revoked, the property shall be returned under the provisions of this Code concerning Undue Enrichment.      

 

Section 535.- The following gifts are not revocable for ingratitude :

                (1) Gifts purely remunator ;

                (2) Gifts encumbered with a charge ;

                (3) Gifts made in compliance with a moral duty ;

                (4) Gifts made in consideration of marriage.

 

Section 536.- A gift to take effect at the death of the donor is governed by the provisions of Law concerning Inheritance and Wills.