Book 2: Obligations
Contract formation, performance, breach, damages, and torts.
Sections 194 to 452 · 260 sections in the official text
Last reviewed: 12 October 2026
Start here: Contracts, loans and guarantees
Amendments recorded for this Book
- Emergency Decree Amending the Civil and Commercial Code B.E. 2564 (2021) , in force 11 April 2021. Sections: 224, 224/1
The list above is built from the amendment notes on our section pages.
Other amending instruments
- Act Amending the Civil and Commercial Code (No. 22) B.E. 2558 (2015). Sections: 305
- Act Amending the Civil and Commercial Code (No. 13) B.E. 2541 (1998). Sections: 253, 257
- Act Amending the Civil and Commercial Code B.E. 2478. Sections: 214
Source: footnotes in the consolidated text published by the Office of the Council of State (version in force 25 March 2025). Each instrument is listed with the sections whose current wording it gave; amendments later replaced by another instrument are not shown. English names are our translation, not yet reviewed by the firm.
Annotated sections in this Book
Title 1: General Provisions
Chapter 1: Object of Obligations
- §194Creditor's right to claim performanceCreditor's right to claim performance.
- §195Obligation specified only by kindObligation specified only by kind.
- §196Money debts expressed in foreign currency Draft heading, not yet reviewed by the firmIf a money debt is expressed in a foreign currency, it may be paid in Thai currency. The conversion uses the exchange rate in force… Draft, not yet reviewed by the firm
- §197Money debts payable in a withdrawn currency Draft heading, not yet reviewed by the firmIf a money debt is payable in a particular kind of currency that has been withdrawn from use by the time payment falls due, payment… Draft, not yet reviewed by the firm
- §198Right of election between alternative performances Draft heading, not yet reviewed by the firmWhere a debt can be performed in several ways but only one is required, the right to choose belongs to the debtor, unless the parties… Draft, not yet reviewed by the firm
- §199How an election is made and its effect Draft heading, not yet reviewed by the firmAn election is made by declaring one's intention to the other party. Once a performance has been chosen, it is treated as the only performance… Draft, not yet reviewed by the firm
- §200Failure to elect within the time allowed Draft heading, not yet reviewed by the firmIf the election must be made within a set period and the entitled party does not make it, the right passes to the other party.… Draft, not yet reviewed by the firm
- §201Election by a third person Draft heading, not yet reviewed by the firmWhere a third person is to elect, the election is made by declaring intention to the debtor, who must inform the creditor. If the third… Draft, not yet reviewed by the firm
- §202Impossibility of one of several alternative performances Draft heading, not yet reviewed by the firmIf one of several alternative performances is impossible from the start or becomes so later, the debt is limited to the remaining performance. There is… Draft, not yet reviewed by the firm
Chapter 2: Effects of Obligations
Part 1: Non-Performance of Obligations
- §203Time of performance, no time fixedTime of performance, no time fixed.
- §204Default and demand for performanceOnce the debt is due, the debtor is in default only after the creditor gives a warning. Where the time for performance is fixed by…
- §205Debtor not in default for a cause he is not answerable forFor as long as performance has not been made because of a circumstance for which the debtor is not responsible, the debtor is not in…
- §206Default in obligations arising from a wrongful actIn an obligation arising from a wrongful act, the debtor is in default from the moment the act was committed. No demand and no notice…
- §207Default of the creditorA creditor is in default if the debtor offers to perform and the creditor refuses to accept the performance without any ground the law allows… Draft, not yet reviewed by the firm
- §208Tender of performance by the debtor Draft heading, not yet reviewed by the firmThe debtor must tender performance to the creditor in the manner the performance is to be made. If the creditor has declared refusal, or must… Draft, not yet reviewed by the firm
- §209Tender when creditor must act by fixed time Draft heading, not yet reviewed by the firmWhere a definite time is fixed for the creditor to do some act, the debtor needs to tender performance only if the creditor does that… Draft, not yet reviewed by the firm
- §210Creditor's default where counter-performance is not offered Draft heading, not yet reviewed by the firmWhere the debtor need perform only against the creditor's counter-performance, the creditor is in default if, even while ready to accept the debtor's tendered performance,… Draft, not yet reviewed by the firm
- §211No default where the debtor cannot perform Draft heading, not yet reviewed by the firmThe creditor is not in default if, when the debtor tenders performance, or at the time fixed under section 209 for the creditor's act, the… Draft, not yet reviewed by the firm
- §212Creditor temporarily unable to accept performance Draft heading, not yet reviewed by the firmWhere no time for performance is fixed, or the debtor may perform early, a creditor who is temporarily prevented from accepting the tendered performance is… Draft, not yet reviewed by the firm
- §213Specific performance and executionSpecific performance and execution.
- §214Creditor's recourse against the debtor's whole property Draft heading, not yet reviewed by the firmSubject to section 733, a creditor may have the debt satisfied out of the whole of the debtor's property, including money and other property that… Draft, not yet reviewed by the firm
- §215Damages from non-performanceDamages from non-performance.
- §216Refusal of useless performance after default Draft heading, not yet reviewed by the firmIf, because of the debtor's default, performance has become useless to the creditor, the creditor may refuse to accept it and may claim compensation for… Draft, not yet reviewed by the firm
- §217Liability of a debtor in defaultA debtor in default is responsible for all damage caused by negligence during the default, and where performance becomes impossible through an accident during that… Draft, not yet reviewed by the firm
- §218Impossibility caused by the debtorIf performance becomes impossible due to a cause the debtor is responsible for, the debtor pays damages to the creditor.
- §219Impossibility without faultImpossibility without fault.
- §220Debtor's responsibility for agents and helpers Draft heading, not yet reviewed by the firmA debtor is responsible for the fault of an agent and of anyone used to perform the obligation, to the same extent as for the… Draft, not yet reviewed by the firm
- §221No interest while the creditor is in default Draft heading, not yet reviewed by the firmWhere a money debt bears interest, interest cannot be charged for the period during which the creditor is in default; the debt stops carrying interest… Draft, not yet reviewed by the firm
- §222Scope of damages, foreseeability ruleDamages for non-performance cover the loss that ordinarily arises from the non-performance, with no requirement of foreseeability. Loss arising from special circumstances is recoverable in…
- §223Contributory fault of the injured party Draft heading, not yet reviewed by the firmWhere the injured party's own fault contributed to the damage, the compensation owed and its extent depend on the circumstances, especially which party caused the… Draft, not yet reviewed by the firm
- §224Interest on damagesDuring default a money debt bears interest at the Section 7 rate plus two per cent a year, or at any higher rate the creditor…
- §224/1Default interest on instalment debts Draft heading, not yet reviewed by the firmInserted by Emergency Decree B.E. 2564 (in force 11 April 2021), this new provision restricts default interest on instalment debts: interest may only be calculated…
- §225Interest on compensation for lost or deteriorated objects Draft heading, not yet reviewed by the firmIf a debtor must compensate for an object that perished, cannot be delivered, or lost value through deterioration during default, the creditor may claim interest… Draft, not yet reviewed by the firm
Part 2: Subrogation
- §226Subrogation of creditorSubrogation of creditor.
- §227Debtor's subrogation after full compensation Draft heading, not yet reviewed by the firmWhen the creditor has received full compensation for the value of the thing or right that was the subject of the obligation, the debtor steps… Draft, not yet reviewed by the firm
- §228Substitute or compensation claim gained when performance is impossible Draft heading, not yet reviewed by the firmIf the circumstance making performance impossible gives the debtor a substitute or a compensation claim, the creditor may demand the substitute or claim the compensation.… Draft, not yet reviewed by the firm
- §229Cases of subrogation by operation of law Draft heading, not yet reviewed by the firmSubrogation by operation of law benefits three kinds of person: a creditor who pays off another creditor ranking ahead, a buyer of immovable property who… Draft, not yet reviewed by the firm
- §230Payment by third persons at risk from enforcement Draft heading, not yet reviewed by the firmA person who risks losing a right in, or possession of, the debtor's property through the creditor's enforcement may pay the debt instead. A third… Draft, not yet reviewed by the firm
- §231Insurance money on mortgaged or pledged property Draft heading, not yet reviewed by the firmIf properties mortgaged, pledged or otherwise subject to a preferential right, are insured, the mortgage, pledge or other preferential right extends to the claim against…
- §232Handling of insurance money substituted for damaged property Draft heading, not yet reviewed by the firmMoney paid in place of destroyed or damaged secured property cannot be delivered to the mortgagee, pledgee or preferential creditor before the secured debt falls… Draft, not yet reviewed by the firm
Part 3: Exercise of the Debtor's Rights of Claim
- §233Creditor exercising the debtor's claim Draft heading, not yet reviewed by the firmIf the debtor refuses or neglects to exercise a claim to the creditor's prejudice, the creditor may exercise that claim in the creditor's own name… Draft, not yet reviewed by the firm
- §234Summoning the debtor when exercising the debtor's claim Draft heading, not yet reviewed by the firmA creditor who exercises a claim belonging to the debtor must also apply for the debtor to be summoned to appear in that action, so… Draft, not yet reviewed by the firm
- §235Amount a creditor may claim on the debtor's behalf Draft heading, not yet reviewed by the firmA creditor may claim the whole amount owed to the debtor, whatever is owed to the creditor. The defendant may settle by paying only what… Draft, not yet reviewed by the firm
- §236Defences available against the creditor Draft heading, not yet reviewed by the firmThe defendant may raise against the creditor every defence the defendant has against the original debtor, except one that arose after the action was filed. Draft, not yet reviewed by the firm
Part 4: Revocation of Fraudulent Acts
- §237Fraudulent conveyance, creditor's action to set asideA creditor may petition the court to set aside any juristic act done by the debtor knowing that it would prejudice the creditor, unless the…
- §238Limits of cancellation on third persons' rights Draft heading, not yet reviewed by the firmCancellation of a fraudulent act cannot affect rights a third person acquired in good faith before the action for cancellation began. This protection does not… Draft, not yet reviewed by the firm
- §239Cancellation benefits all creditors Draft heading, not yet reviewed by the firmWhen a cancellation is made, it operates in favour of all of the creditors, every single one of them, and not of certain creditors alone. Draft, not yet reviewed by the firm
- §240Time limits for a claim for cancellation Draft heading, not yet reviewed by the firmA claim for cancellation cannot be brought after one year from when the creditor learned of the cause for cancellation, or after ten years from… Draft, not yet reviewed by the firm
Part 5: Right of Retention
- §241Right of retention over another's property Draft heading, not yet reviewed by the firmA person who possesses another's property and is owed a debt relating to it may retain it until the debt is paid. This does not… Draft, not yet reviewed by the firm
- §242Cases where a right of retention does not exist Draft heading, not yet reviewed by the firmA right of retention is treated as non-existent if it is incompatible with the obligation the creditor assumed, with the debtor's instructions given before or… Draft, not yet reviewed by the firm
- §243Retention where the debtor is insolvent Draft heading, not yet reviewed by the firmWhere the debtor is insolvent, the creditor may retain property even though the claim is not yet due. If insolvency arose or became known after… Draft, not yet reviewed by the firm
- §244Retention extends to the whole of the property Draft heading, not yet reviewed by the firmThe holder of a right of retention may exercise that right against the whole of the property retained until the obligation has been wholly performed. Draft, not yet reviewed by the firm
- §245Fruits of the retained property Draft heading, not yet reviewed by the firmThe holder of a right of retention may take the fruits of the retained property and apply them to the debt ahead of other creditors.… Draft, not yet reviewed by the firm
- §246Duties of the holder of a right of retention Draft heading, not yet reviewed by the firmThe holder must take appropriate care of the retained property and, without the debtor's consent, may not use it, let it or give it as… Draft, not yet reviewed by the firm
- §247Reimbursement of necessary expenses Draft heading, not yet reviewed by the firmA holder of a right of retention who has incurred necessary expenses in respect of the retained property may require the owner to reimburse them. Draft, not yet reviewed by the firm
- §248Retention and the running of prescription Draft heading, not yet reviewed by the firmSubject to section 193/27, the exercise of a right of retention does not interrupt the running of prescription against the debt, so the prescription period… Draft, not yet reviewed by the firm
- §249Ending retention by giving security Draft heading, not yet reviewed by the firmThe debtor may require the right of retention to be extinguished by providing proper security, meaning security that is reasonable in the circumstances of the… Draft, not yet reviewed by the firm
- §250Extinction of the right of retention Draft heading, not yet reviewed by the firmA right of retention ends when possession of the property is lost. This does not apply where, with the debtor's consent, the retained property has… Draft, not yet reviewed by the firm
Part 6: Preferential Rights
- §251Meaning of a preferential right Draft heading, not yet reviewed by the firmA holder of a preferential right may, under this Code or other laws, be paid a debt owed to them out of the debtor's property… Draft, not yet reviewed by the firm
- §252Application of section 244 to preferential rights Draft heading, not yet reviewed by the firmThe provisions of section 244 apply to preferential rights as well, in the same way and so far as the circumstances of each particular case… Draft, not yet reviewed by the firm
1. General Preferential Rights
- §253General preferential rights over all the debtor's propertyA person owed a debt on any of four grounds has a preferential right over all the debtor's property: expenses for the common benefit, funeral… Draft, not yet reviewed by the firm
- §254Preferential right for expenses of common benefit Draft heading, not yet reviewed by the firmThis right covers expenses incurred for the common benefit of all creditors in preserving, liquidating or distributing the debtor's property. If an expense did not… Draft, not yet reviewed by the firm
- §255Preferential right for funeral expenses Draft heading, not yet reviewed by the firmThe preferential right for funeral expenses covers the cost of the funeral, to the extent that it is reasonable and fitting for the station in… Draft, not yet reviewed by the firm
- §256Preferential right for taxes and duties Draft heading, not yet reviewed by the firmThis right covers land, property and other taxes and duties that the debtor still owes for the current year and the one year before it. Draft, not yet reviewed by the firm
- §257Preferential right for employees' entitlements Draft heading, not yet reviewed by the firmThis right covers wages, overtime, holiday pay, holiday overtime, severance pay, special severance pay and other sums due for work done, counting back four months,… Draft, not yet reviewed by the firm
- §258Preferential right for daily necessaries Draft heading, not yet reviewed by the firmThis right covers unpaid prices of daily necessaries, such as food, drink, light, firewood and charcoal, counting back six months, needed for the living of… Draft, not yet reviewed by the firm
2. Special Preferential Rights
(a) Over Movable Property
- §259Special preferential rights over particular movables Draft heading, not yet reviewed by the firmA person owed a debt on one of seven grounds has a preferential right over particular movables of the debtor: hiring of immovable property, lodging… Draft, not yet reviewed by the firm
- §260Preferential right of a letter of immovable property Draft heading, not yet reviewed by the firmThis right secures the rent and the hirer's other debts arising from the hiring. It attaches to the hirer's movables that are in or on… Draft, not yet reviewed by the firm
- §261Property covered by a landlord's preferential right Draft heading, not yet reviewed by the firmA landlord of land has a preferential right over movables the hirer brought onto the land or its buildings, movables destined for its use, and… Draft, not yet reviewed by the firm
- §262Transfer or sub-letting of the hiring Draft heading, not yet reviewed by the firmIf a hiring of immovable property is transferred or sublet, the original landlord's preferential right extends to movables the transferee or sub-hirer brought in, and… Draft, not yet reviewed by the firm
- §263Landlord's preferential right on the hirer's general liquidation Draft heading, not yet reviewed by the firmOn a general liquidation of the hirer's property, the landlord's right covers rent and other debts for only three rent periods (the current, the previous… Draft, not yet reviewed by the firm
- §264Effect of security money on the landlord's preferential right Draft heading, not yet reviewed by the firmIf the landlord has received security money, the landlord has a preferential right only for the part of the claim that the security money does… Draft, not yet reviewed by the firm
- §265Preferential right of an innkeeper Draft heading, not yet reviewed by the firmThis right secures sums owed to the proprietor for lodging and other services given to a traveller or guest, including disbursements, and attaches to the… Draft, not yet reviewed by the firm
- §266Enforcing the right in the manner of a pledgee Draft heading, not yet reviewed by the firmA landlord of immovable property or the proprietor of an inn or hotel may enforce the preferential right in the same way as a pledgee.… Draft, not yet reviewed by the firm
- §267Preferential right of a carrier Draft heading, not yet reviewed by the firmThis right secures the fare or freight for carrying passengers or goods, and accessory expenses. It attaches to all the goods and luggage in the… Draft, not yet reviewed by the firm
- §268Enforcement against movables of third persons Draft heading, not yet reviewed by the firmA landlord, innkeeper or carrier may enforce the preferential right against movables belonging to a third person, unless they knew in due time that the… Draft, not yet reviewed by the firm
- §269Preferential right for preserving movables Draft heading, not yet reviewed by the firmThis right secures the expenses of preserving a movable and attaches to that movable. It also covers necessary expenses incurred to preserve, obtain acknowledgment of,… Draft, not yet reviewed by the firm
- §270Preferential right for the sale of movables Draft heading, not yet reviewed by the firmThe preferential right arising from the sale of a movable secures payment of the sale price and the interest on that price, and it attaches… Draft, not yet reviewed by the firm
- §271Preferential right for seeds, plants or manure Draft heading, not yet reviewed by the firmThis right secures the price of seeds, young plants or manure, with interest, and attaches to fruits that grow on the land because of their… Draft, not yet reviewed by the firm
- §272Preferential right for agricultural and industrial labour Draft heading, not yet reviewed by the firmThis right secures wages: for agricultural work, one year back, and for industrial work, three months back. It attaches to the fruits or manufactured things… Draft, not yet reviewed by the firm
(b) Over Immovable Property
- §273Special preferential rights over particular immovables Draft heading, not yet reviewed by the firmA person owed a debt on one of three grounds has a preferential right over a particular immovable of the debtor: preservation of the immovable,… Draft, not yet reviewed by the firm
- §274Preferential right for preserving immovable property Draft heading, not yet reviewed by the firmThis right secures the expense of preserving an immovable, and it attaches to the immovable itself. The provisions of section 269, second paragraph, also apply… Draft, not yet reviewed by the firm
- §275Preferential right for work done on immovable property Draft heading, not yet reviewed by the firmThis right secures the charges of a builder, architect or contractor for work done on the debtor's immovable. It arises only if the work has… Draft, not yet reviewed by the firm
- §276Preferential right for the sale of immovable property Draft heading, not yet reviewed by the firmThe preferential right arising from the sale of an immovable secures the price of the immovable and the interest on that price, and it attaches… Draft, not yet reviewed by the firm
3. Order of Preferential Rights
- §277Ranking between conflicting preferential rightsSeveral general preferential rights rank in the order listed in section 253. A special preferential right ranks ahead of a general one, except that the… Draft, not yet reviewed by the firm
- §278Ranking of conflicting preferential rights over movables Draft heading, not yet reviewed by the firmRights over the same movable rank: first, hiring of immovables, lodging and carriage; second, preservation (a later preserver ahead of an earlier one); third, sale,… Draft, not yet reviewed by the firm
- §279Ranking of conflicting special preferential rights over immovables Draft heading, not yet reviewed by the firmConflicting special preferential rights over one immovable rank in the order set out in section 273. Where the immovable was sold on in succession, the… Draft, not yet reviewed by the firm
- §280Sharing among preferential rights of equal rank Draft heading, not yet reviewed by the firmWhere several persons hold preferential rights of the same rank over the same thing, each is paid in proportion to the amount of that person's… Draft, not yet reviewed by the firm
4. Effects of Preferential Rights
- §281Preferential rights over movables and third-party acquirers Draft heading, not yet reviewed by the firmA preferential right in a movable cannot be exercised after the debtor has delivered the movable to a third person who has acquired it from… Draft, not yet reviewed by the firm
- §282Preferential right against a pledge of movables Draft heading, not yet reviewed by the firmWhen a preferential right conflicts with a pledge of a movable, the pledgee has the same rights as the holder of a first-rank preferential right… Draft, not yet reviewed by the firm
- §283Order of payment for a general preferential right Draft heading, not yet reviewed by the firmA holder of a general preferential right must first be paid from the debtor's movables, and only then from immovables, starting with those not specially… Draft, not yet reviewed by the firm
- §284Setting up an unregistered general preferential right Draft heading, not yet reviewed by the firmA general preferential right, even if not registered against an immovable, may be set up against any creditor who has no special security, but not… Draft, not yet reviewed by the firm
- §285Registration of the right for preserving immovable property Draft heading, not yet reviewed by the firmA preferential right for preserving immovable property continues to have effect if it is registered promptly, immediately after the work of preserving the property has… Draft, not yet reviewed by the firm
- §286Registering the right for work on immovables Draft heading, not yet reviewed by the firmThe right keeps its effect if a provisional cost estimate is registered before work begins, but not for any excess over the estimate. Experts appointed… Draft, not yet reviewed by the firm
- §287Priority of registered preferential rights over a mortgage Draft heading, not yet reviewed by the firmA preferential right that has been registered in accordance with the two preceding sections can be exercised in priority to, and ahead of, a mortgage. Draft, not yet reviewed by the firm
- §288Registering the right for sale of immovables Draft heading, not yet reviewed by the firmThe right for the sale of an immovable keeps its effect if, when the contract of sale is registered, it is also registered that the… Draft, not yet reviewed by the firm
- §289Application of the law of mortgage to preferential rights Draft heading, not yet reviewed by the firmAs to the effect of a preferential right, beyond sections 281 to 288, the provisions of the Title on mortgage apply as the case requires. Draft, not yet reviewed by the firm
Chapter 3: Plurality of Debtors and Creditors
- §290Several debtors or creditors in a divisible obligation Draft heading, not yet reviewed by the firmWhere a divisible performance is owed by several debtors or to several creditors, then in case of doubt each debtor is liable only for an… Draft, not yet reviewed by the firm
- §291Joint and several obligationsJoint and several obligations.
- §292Effect of one joint debtor's performance Draft heading, not yet reviewed by the firmPerformance by one joint debtor benefits the other debtors. The same applies to acts in place of performance, deposit in place of performance, and set-off.… Draft, not yet reviewed by the firm
- §293Release granted to one joint debtor Draft heading, not yet reviewed by the firmA release given to one joint debtor benefits the other debtors only to the extent of the released debtor's share, unless the parties agree otherwise. Draft, not yet reviewed by the firm
- §294Creditor's default towards one joint debtor Draft heading, not yet reviewed by the firmIf the creditor is in default towards one of the joint debtors, that default also operates for the benefit of the other joint debtors, not… Draft, not yet reviewed by the firm
- §295Facts affecting only one joint debtor Draft heading, not yet reviewed by the firmOther facts, beyond those in sections 292 to 294, affect only the joint debtor concerned, unless the nature of the obligation shows otherwise. Examples include… Draft, not yet reviewed by the firm
- §296Contribution among joint debtors Draft heading, not yet reviewed by the firmBetween themselves, joint debtors are liable in equal shares unless otherwise provided. If one debtor's share cannot be recovered, the others bear the shortfall, but… Draft, not yet reviewed by the firm
- §297Persons jointly bound in a contract Draft heading, not yet reviewed by the firmIf several persons bind themselves jointly in a contract to perform, then in case of doubt they are liable as joint debtors, even where the… Draft, not yet reviewed by the firm
- §298Performance in favour of joint creditors Draft heading, not yet reviewed by the firmWhere several persons can each demand the whole performance, though the debtor owes it only once (joint creditors), the debtor may choose to perform in… Draft, not yet reviewed by the firm
- §299Facts affecting joint creditors Draft heading, not yet reviewed by the firmOne joint creditor's default also operates against the others. If claim and debt merge in one joint creditor, the others' rights against the debtor are… Draft, not yet reviewed by the firm
- §300Shares among joint creditors Draft heading, not yet reviewed by the firmAs between the joint creditors themselves, each is entitled to receive payment in an equal share, unless the parties have fixed something different between them. Draft, not yet reviewed by the firm
- §301Several debtors of an indivisible performance Draft heading, not yet reviewed by the firmWhere several persons owe a debt whose performance cannot be divided among them, they are treated as joint debtors and are liable in the same… Draft, not yet reviewed by the firm
- §302Several creditors of an indivisible performance Draft heading, not yet reviewed by the firmWhere an indivisible performance is owed to several persons who are not joint creditors, the debtor may perform only for all in common, and each… Draft, not yet reviewed by the firm
Chapter 4: Assignment of Claims
- §303Transferability of claims Draft heading, not yet reviewed by the firmA claim may be transferred unless its nature does not allow it. The parties may declare a contrary intention, but that declaration cannot be set… Draft, not yet reviewed by the firm
- §304Claims that cannot be attached cannot be transferred Draft heading, not yet reviewed by the firmIf the law does not allow a court to order the attachment of a particular claim, that claim also cannot be transferred from one person… Draft, not yet reviewed by the firm
- §305Security and rights passing with a transferred claim Draft heading, not yet reviewed by the firmWhen a claim is transferred, mortgage, pledge or business security attached to it, and rights arising from a suretyship for it, pass to the transferee.… Draft, not yet reviewed by the firm
- §306Assignment of claim, written formAssignment of claim, written form.
- §307Competing transfers of the same right Draft heading, not yet reviewed by the firmWhere a right is claimed under several different transfers, the transfer that was notified or agreed to first takes precedence and has a better right… Draft, not yet reviewed by the firm
- §308Debtor's defences against the transferee of a claim Draft heading, not yet reviewed by the firmIf the debtor consented under section 306 without reservation, the debtor cannot raise defences against the transferee that were available against the transferor. If the… Draft, not yet reviewed by the firm
- §309Transfer of an obligation payable to order Draft heading, not yet reviewed by the firmA transfer of an obligation payable to order can be set up against the debtor or other third persons only if the transfer is endorsed… Draft, not yet reviewed by the firm
- §310Debtor's right to verify an order instrument holder Draft heading, not yet reviewed by the firmThe debtor of an obligation payable to order may, but need not, verify the identity of the holder or the genuineness of the signature or… Draft, not yet reviewed by the firm
- §311Instruments naming a creditor but payable to the holder Draft heading, not yet reviewed by the firmThe preceding section applies also where the instrument names a creditor but adds that performance is to be made to the holder of the instrument. Draft, not yet reviewed by the firm
- §312Defences against a good-faith transferee of an order instrument Draft heading, not yet reviewed by the firmIn an obligation payable to order, the debtor cannot raise against a good-faith transferee the defences available against the original creditor, except those that appear… Draft, not yet reviewed by the firm
- §313Obligations payable to bearer Draft heading, not yet reviewed by the firmThe rule in the preceding section on defences against a good-faith transferee also applies, as the case requires, to obligations that are payable to the… Draft, not yet reviewed by the firm
Chapter 5: Extinguishment of Obligations
Part 1: Performance of Obligations
- §314Tender of performance to creditorPerformance by a third person is allowed unless the nature of the obligation or the parties' declared intention excludes it; a person with no interest…
- §315Person to whom performance must be made Draft heading, not yet reviewed by the firmPerformance must be made to the creditor or to a person authorised to receive it for the creditor. Performance made to a person without that… Draft, not yet reviewed by the firm
- §316Performance to the apparent possessor of an obligation Draft heading, not yet reviewed by the firmPerformance made to the person who apparently holds the right under an obligation is valid only if the person who made the performance acted in… Draft, not yet reviewed by the firm
- §317Performance to a person not entitled to receive it Draft heading, not yet reviewed by the firmApart from the case in the preceding section, performance made to a person not entitled to receive it is valid only to the extent that… Draft, not yet reviewed by the firm
- §318Holder of a receipt Draft heading, not yet reviewed by the firmThe holder of a receipt is regarded as entitled to receive performance. This does not apply if the person performing knows the holder has no… Draft, not yet reviewed by the firm
- §319Payment by a third debtor despite a court prohibition Draft heading, not yet reviewed by the firmIf a third debtor ordered by the court to refrain from paying pays their own creditor anyway, the seizing creditor may demand a second performance… Draft, not yet reviewed by the firm
- §320No compulsion to accept part or different performance Draft heading, not yet reviewed by the firmA creditor cannot be forced to accept part performance only, nor to accept any performance different from the one that is actually due to that… Draft, not yet reviewed by the firm
- §321Discharge by substituted performance (datio in solutum)An obligation is extinguished when the creditor accepts a different performance in place of the agreed one. If the debtor assumes a new obligation to…
- §322Liability when something is given in place of performance Draft heading, not yet reviewed by the firmIf a thing, a claim against a third person or another right is given in place of performance, the debtor is liable for defects and… Draft, not yet reviewed by the firm
- §323Delivery and care of a specific thing Draft heading, not yet reviewed by the firmWhere a specific thing is to be delivered, it must be delivered in its condition at the time of delivery. Until delivery the debtor must… Draft, not yet reviewed by the firm
- §324Place of performance Draft heading, not yet reviewed by the firmUnless a place has been specified, a specific thing must be delivered where it was when the obligation arose. Any other performance must be made… Draft, not yet reviewed by the firm
- §325Expenses of performance Draft heading, not yet reviewed by the firmUnless otherwise declared, the debtor bears the expenses of performance. Any increase caused by the creditor moving domicile or by another act of the creditor… Draft, not yet reviewed by the firm
- §326Receipt for paymentReceipt for payment.
- §327Presumptions arising from receipts and surrender of documents Draft heading, not yet reviewed by the firmA receipt for one period, given without reservation, raises a presumption that earlier periods were paid. A receipt for principal raises a presumption that interest… Draft, not yet reviewed by the firm
- §328Appropriation of payment among several debts Draft heading, not yet reviewed by the firmWhere a payment cannot cover several debts of the same kind, the debt the debtor names is discharged. Otherwise the order is: debts due, least… Draft, not yet reviewed by the firm
- §329Order in which a part payment is appliedWhere a debtor owes costs and interest as well as principal and a payment is not enough for everything, it is applied first to costs,… Draft, not yet reviewed by the firm
- §330Effect of a proper tender of performance Draft heading, not yet reviewed by the firmWhen performance has been properly tendered, the debtor is discharged from all responsibilities arising out of non-performance, with effect from the time at which the… Draft, not yet reviewed by the firm
- §331Discharge by depositing the thing owed Draft heading, not yet reviewed by the firmIf the creditor refuses or is unable to accept, the person performing is discharged by depositing the thing owed for the creditor's benefit. The same… Draft, not yet reviewed by the firm
- §332Deposit conditional on counter-performance Draft heading, not yet reviewed by the firmIf the debtor is bound to perform only after the creditor's counter-performance, the debtor may make the creditor's right to receive the deposited thing dependent… Draft, not yet reviewed by the firm
- §333Where and how a deposit is made Draft heading, not yet reviewed by the firmA deposit is made at the deposit office of the locality where performance is due. If no special rules exist, the court designates the office… Draft, not yet reviewed by the firm
- §334Debtor's right to withdraw a deposit Draft heading, not yet reviewed by the firmThe debtor may withdraw the deposited thing, in which case it is treated as never deposited. The right is lost if the debtor waives it,… Draft, not yet reviewed by the firm
- §335Withdrawal right and attachment or bankruptcy Draft heading, not yet reviewed by the firmThe right to withdraw a deposit cannot be attached by the court. Once bankruptcy proceedings are brought against the debtor's property, the right of withdrawal… Draft, not yet reviewed by the firm
- §336Sale at auction of a thing unsuitable for deposit Draft heading, not yet reviewed by the firmIf the thing is unsuitable for deposit, may perish or be damaged, or would be unreasonably expensive to keep, the person performing may, with court… Draft, not yet reviewed by the firm
- §337Notice and publicity for an auction Draft heading, not yet reviewed by the firmAn auction requires prior warning to the creditor, which may be dispensed with if the thing may deteriorate or delay is dangerous. The debtor must… Draft, not yet reviewed by the firm
- §338Costs of deposit or auction Draft heading, not yet reviewed by the firmThe costs of making a deposit or of selling the thing at auction are paid by the creditor, unless the debtor withdraws the thing that… Draft, not yet reviewed by the firm
- §339Extinction of the creditor's right to a deposit Draft heading, not yet reviewed by the firmThe creditor's right to the deposited thing is extinguished ten years after the creditor receives notice of the deposit. After that, the debtor may withdraw… Draft, not yet reviewed by the firm
Part 3: Set-Off
- §341Conditions for set-off Draft heading, not yet reviewed by the firmWhere two persons owe each other debts of the same kind and both are due, either may be discharged by set-off up to the matching… Draft, not yet reviewed by the firm
- §342How set-off is made and its effect Draft heading, not yet reviewed by the firmSet-off is made by one party declaring their intention to the other. The declaration cannot carry a condition or a starting or ending time, and… Draft, not yet reviewed by the firm
- §343Set-off where places of performance differ Draft heading, not yet reviewed by the firmSet-off is allowed even if the two debts are payable in different places, but the party making the set-off must pay the other party compensation… Draft, not yet reviewed by the firm
- §344Claims subject to a defence and prescribed claims Draft heading, not yet reviewed by the firmA claim that is still subject to a defence cannot be set off. Prescription does not bar set-off if the prescribed claim had not yet… Draft, not yet reviewed by the firm
- §345No set-off for debts arising from unlawful acts Draft heading, not yet reviewed by the firmWhere a debt arises from an unlawful act, the debtor is not allowed to take advantage of that debt in order to set it off… Draft, not yet reviewed by the firm
- §346No set-off of claims that cannot be attached Draft heading, not yet reviewed by the firmIf the law does not allow a court to order the attachment of a claim, that claim cannot be used for set-off against another debt. Draft, not yet reviewed by the firm
- §347Third debtor under a court prohibition and later-acquired claims Draft heading, not yet reviewed by the firmA third debtor who has received a court order prohibiting payment cannot set up against the seizing creditor a claim that the third debtor acquired… Draft, not yet reviewed by the firm
- §348Choosing which claims are set off Draft heading, not yet reviewed by the firmWhere several claims qualify for set-off, the party making it may specify which. If none is specified or the other party promptly objects, section 328… Draft, not yet reviewed by the firm
Part 4: Novation
- §349Novation by substitutionNovation by substitution.
- §350Novation by change of debtor Draft heading, not yet reviewed by the firmA novation by change of debtor may be made by a contract between the creditor and the new debtor, but it cannot be done against… Draft, not yet reviewed by the firm
- §351Original obligation where the new obligation fails Draft heading, not yet reviewed by the firmIf the new obligation resulting from a novation does not arise, or is annulled for illegality of its ground or for a reason unknown to… Draft, not yet reviewed by the firm
- §352Transfer of pledge or mortgage on novation Draft heading, not yet reviewed by the firmThe parties to a novation may transfer a pledge or mortgage securing the original obligation to the new one, to the extent it secured the… Draft, not yet reviewed by the firm
Title 2: Contracts
Chapter 1: Formation of Contracts
- §354Offer fixing a period for acceptance Draft heading, not yet reviewed by the firmAn offer to make a contract that states a period for acceptance cannot be withdrawn by the person who made it at any time within… Draft, not yet reviewed by the firm
- §355Offer to a distant person with no stated period Draft heading, not yet reviewed by the firmA person who makes an offer to someone at a distance, with no period for acceptance, cannot withdraw it within the time in which notice… Draft, not yet reviewed by the firm
- §356Offer to a person who is present Draft heading, not yet reviewed by the firmAn offer made to a person who is present, with no period for acceptance, can be accepted only there and then. The same applies to… Draft, not yet reviewed by the firm
- §357When an offer ceases to bind Draft heading, not yet reviewed by the firmAn offer ceases to be binding once it has been refused to the offeror, or is not accepted within the time provided in the three… Draft, not yet reviewed by the firm
- §358Acceptance arriving late through ordinary delivery Draft heading, not yet reviewed by the firmIf an acceptance arrives late but was sent in a way that should normally have arrived in time, the offeror must promptly tell the other… Draft, not yet reviewed by the firm
- §359Late acceptance and acceptance with modifications Draft heading, not yet reviewed by the firmA late acceptance is treated as a new offer. An acceptance containing additions, restrictions or other modifications is treated as a refusal together with a… Draft, not yet reviewed by the firm
- §360Exceptions to section 169 paragraph 2 Draft heading, not yet reviewed by the firmSection 169 paragraph 2 does not apply if it conflicts with the offeror's declared intention, or if before accepting, the other party already knew that… Draft, not yet reviewed by the firm
- §361Formation of contracts between distant parties Draft heading, not yet reviewed by the firmA contract between persons at a distance comes into being when the notice of acceptance reaches the offeror. Where the offeror's declared intention or ordinary… Draft, not yet reviewed by the firm
- §362Promise of a reward by advertisement Draft heading, not yet reviewed by the firmA person who advertises a promise to give a reward to whoever does a certain act must give the reward to anyone who does that… Draft, not yet reviewed by the firm
- §363Withdrawal of an advertised promise of reward Draft heading, not yet reviewed by the firmWhile no one has completed the act, the promisor may withdraw the promise by the same means as the advertisement, unless it said the promise… Draft, not yet reviewed by the firm
- §364Several persons performing the advertised act Draft heading, not yet reviewed by the firmWhere several persons do the advertised act, only the first to complete it is entitled to the reward. If several complete it at the same… Draft, not yet reviewed by the firm
- §365Promise of a prize in a competition Draft heading, not yet reviewed by the firmA promise of a prize in a competition is valid only if the advertisement fixes a period. The named umpire, or the promisor if none… Draft, not yet reviewed by the firm
- §366Contracts with essential points or required form Draft heading, not yet reviewed by the firmIf even one party has declared a point essential, then while the parties have not agreed on every such point, the contract is in case… Draft, not yet reviewed by the firm
- §367Partial validity of an incomplete agreement Draft heading, not yet reviewed by the firmWhere the parties treated a contract as made but had not in fact agreed on a point that needed settling, the parts already agreed remain… Draft, not yet reviewed by the firm
- §368Contract interpretation: good faith and ordinary usageContracts must be interpreted according to the requirements of good faith, taking ordinary usage into consideration.
Chapter 2: Effects of Contracts
- §369Right to withhold performance in reciprocal contractsIn a reciprocal contract, either party may decline to perform until the other party performs or tenders performance. This right does not apply if the…
- §370Loss of a specific thing in a reciprocal contract Draft heading, not yet reviewed by the firmIn a reciprocal contract to create or transfer a real right in a specific thing, if the thing is lost or damaged for a reason… Draft, not yet reviewed by the firm
- §371Loss of a thing under a condition precedent Draft heading, not yet reviewed by the firmThe preceding section does not apply where a thing under a reciprocal contract with a condition precedent is lost or destroyed while the condition is… Draft, not yet reviewed by the firm
- §372Impossibility of performance in a reciprocal contract Draft heading, not yet reviewed by the firmWhere performance becomes impossible for a reason attributable to neither party, the debtor has no right to counter-performance. If the creditor is to blame, the… Draft, not yet reviewed by the firm
- §373Advance exclusion of liability for fraud or gross negligence Draft heading, not yet reviewed by the firmAn agreement made in advance to exempt a debtor from liability for the debtor's own fraud or gross negligence is void, meaning it has no… Draft, not yet reviewed by the firm
- §374Contract in favour of a third partyContract in favour of a third party.
- §375Fixing of a third person's right under a contract Draft heading, not yet reviewed by the firmOnce a third person's right has come into existence under the preceding section, the parties to the contract cannot afterwards change that right or bring… Draft, not yet reviewed by the firm
- §376Debtor's defences against the third-party beneficiary Draft heading, not yet reviewed by the firmDefences arising from the contract mentioned in section 374 may be raised by the debtor against the third person who is to benefit from that… Draft, not yet reviewed by the firm
Chapter 3: Earnest Money and Stipulated Penalties
- §377Earnest money, function and forfeitureEarnest money, function and forfeiture.
- §378Earnest money and its return or forfeiture Draft heading, not yet reviewed by the firmUnless agreed otherwise, earnest money is returned or applied as part payment on performance. It is forfeited if the giver fails to perform, performance becomes… Draft, not yet reviewed by the firm
- §379Penalty clause: forfeiture on default or non-performanceWhere the debtor has promised a penalty sum for failure to perform, or for failure to perform properly, the penalty is forfeited upon default. Where…
- §380Penalty in place of performance Draft heading, not yet reviewed by the firmIf the debtor promised a penalty for non-performance, the creditor may claim the forfeited penalty instead of performance, but once the creditor declares this to… Draft, not yet reviewed by the firm
- §381Penalty for improper performance Draft heading, not yet reviewed by the firmIf the debtor promised a penalty for improper performance, such as late performance, the creditor may claim the penalty in addition to performance, and section… Draft, not yet reviewed by the firm
- §382Penalty consisting of another performance Draft heading, not yet reviewed by the firmWhere the promised penalty is some performance other than a sum of money, sections 379 to 381 apply. Once the creditor claims the penalty, the… Draft, not yet reviewed by the firm
- §383Judicial reduction of disproportionate penaltyIf a forfeited penalty is disproportionately high, the court may reduce it to a reasonable amount, taking into account all legitimate interests of the creditor.…
- §384Invalid performance and the penalty clause Draft heading, not yet reviewed by the firmIf the promised performance is invalid, an agreement on a penalty for non-performance of that promise is also invalid, even where the parties knew the… Draft, not yet reviewed by the firm
- §385Burden of proof when contesting forfeiture of a penalty Draft heading, not yet reviewed by the firmA debtor who contests forfeiture of a penalty on the ground of having already performed must prove that performance, unless the performance owed consisted of… Draft, not yet reviewed by the firm
Chapter 4: Termination of Contracts
- §386Rescission of bilateral contractRescission of bilateral contract.
- §387Rescission after notice to perform: reasonable periodWhere one party fails to perform, the other may fix a reasonable period for performance and give notice. If performance is not made within that…
- §388Rescission without notice where time is of the essence Draft heading, not yet reviewed by the firmWhere the object of a contract can, by its nature or the parties' declared intention, be achieved only by performance at a fixed time or… Draft, not yet reviewed by the firm
- §389Rescission for impossibility caused by the debtor Draft heading, not yet reviewed by the firmIf performance, in whole or in part, becomes impossible for a reason attributable to the debtor, the creditor may choose to rescind the contract, that… Draft, not yet reviewed by the firm
- §390Rescission where several persons are parties Draft heading, not yet reviewed by the firmWhere several persons stand on one side or the other of a contract, the right of rescission may be exercised only by all of them… Draft, not yet reviewed by the firm
- §391Restitution after rescission of contractWhere a party exercises a right of rescission, each party must restore the other to their former position, but the rights of third persons cannot…
- §392Performance following rescission Draft heading, not yet reviewed by the firmThe obligations that the parties owe one another as a result of rescission of a contract are to be performed in accordance with the provisions… Draft, not yet reviewed by the firm
- §393Fixing a period for exercising the right of rescission Draft heading, not yet reviewed by the firmIf no period is set for exercising the right of rescission, the other party may fix a reasonable period and notify the rightholder to declare… Draft, not yet reviewed by the firm
- §394Loss of the right of rescission Draft heading, not yet reviewed by the firmThe right of rescission is extinguished if the rightholder, by their own act or fault, seriously damages the subject matter, makes its return impossible, or… Draft, not yet reviewed by the firm
Title 3: Management of Affairs Without Mandate
- §395Duty of a person managing another's affairs without authority Draft heading, not yet reviewed by the firmA person who takes charge of another's affairs without being asked, or without any right to do so, must manage them in the way that… Draft, not yet reviewed by the firm
- §396Management contrary to the principal's wishes Draft heading, not yet reviewed by the firmIf the management goes against the principal's actual or presumed wishes, and the manager should have realised this, the manager must compensate the principal for… Draft, not yet reviewed by the firm
- §397Management of a public or maintenance duty Draft heading, not yet reviewed by the firmWhere the manager performs something the principal is bound to do in the public interest, or a legal duty to maintain another person, and it… Draft, not yet reviewed by the firm
- §398Management to avert imminent danger Draft heading, not yet reviewed by the firmWhere the manager acts to avert imminent danger threatening the principal's person, reputation or property, the manager is responsible only for intentional wrongdoing or gross… Draft, not yet reviewed by the firm
- §399Manager's duty to notify the principal Draft heading, not yet reviewed by the firmThe manager must tell the principal as soon as possible that they have taken charge of the affair and await the principal's decision, unless delay… Draft, not yet reviewed by the firm
- §400Liability of an incapacitated manager Draft heading, not yet reviewed by the firmIf the manager is incapacitated, the manager is responsible only under the provisions on compensation for wrongful acts and on the return of undue enrichment. Draft, not yet reviewed by the firm
- §401Manager's right to reimbursement Draft heading, not yet reviewed by the firmIf the management benefits the principal and accords with the principal's actual or presumed wishes, the manager may claim reimbursement of outlay as an agent… Draft, not yet reviewed by the firm
- §402Principal's duty to return what was acquired Draft heading, not yet reviewed by the firmIf the conditions in the preceding section are absent, the principal must return to the manager everything acquired through the management, under the provisions on… Draft, not yet reviewed by the firm
- §403Absence of intent to claim reimbursement Draft heading, not yet reviewed by the firmA manager who did not originally intend to claim reimbursement from the principal has no such claim. Where parents or grandparents maintain their descendants, or… Draft, not yet reviewed by the firm
- §404Manager acting for the wrong person Draft heading, not yet reviewed by the firmIf the manager acts for one person while believing they are acting for another, only the person for whom they actually acted holds the rights… Draft, not yet reviewed by the firm
- §405Taking another's affair as one's own Draft heading, not yet reviewed by the firmThe preceding ten sections do not apply where a person handles another's affair believing it to be their own. Where a person knowingly treats another's… Draft, not yet reviewed by the firm
Title 4: Undue Enrichment
- §406Duty to return undue enrichment Draft heading, not yet reviewed by the firmA person who obtains property through another's performance, or otherwise, without legal ground and to that other person's detriment must return it. Acknowledging that a… Draft, not yet reviewed by the firm
- §407No restitution of a knowing voluntary payment Draft heading, not yet reviewed by the firmA person who freely does something as if paying a debt, while knowing there is no obligation to pay, is not entitled to get the… Draft, not yet reviewed by the firm
- §408Payments that cannot be recovered Draft heading, not yet reviewed by the firmThree kinds of payer cannot recover what they paid: one who pays a debt subject to a time clause before the time arrives, one who… Draft, not yet reviewed by the firm
- §409Creditor who relied on a mistaken payment Draft heading, not yet reviewed by the firmWhere a non-debtor pays by mistake and the creditor, in good faith, destroys the evidence of the debt, gives up security or loses the right… Draft, not yet reviewed by the firm
- §410Performance for a result that does not occur Draft heading, not yet reviewed by the firmA person who performs for an intended result that does not occur has no right to restitution if they knew from the start the result… Draft, not yet reviewed by the firm
- §411Performance contrary to law or good morals Draft heading, not yet reviewed by the firmA person who performs an act in payment of an obligation in breach of a legal prohibition or good morals cannot claim the property back. Draft, not yet reviewed by the firm
- §412Return of money received without entitlement Draft heading, not yet reviewed by the firmWhere the property unduly received is a sum of money, it must be returned in full. A recipient who acted in good faith need only… Draft, not yet reviewed by the firm
- §413Return of property other than money Draft heading, not yet reviewed by the firmA good-faith recipient of property other than money returns it as it stands and is not liable for its loss or damage, but must hand… Draft, not yet reviewed by the firm
- §414Restitution that has become impossible Draft heading, not yet reviewed by the firmIf returning the property is impossible, whether from its nature or another reason, a good-faith recipient returns only the part of the enrichment that still… Draft, not yet reviewed by the firm
- §415Fruits of property received in good faith Draft heading, not yet reviewed by the firmA person who received property in good faith keeps the fruits of it for as long as the good faith lasts. Once the person has… Draft, not yet reviewed by the firm
- §416Reimbursement of expenses on returned property Draft heading, not yet reviewed by the firmExpenses reasonably needed to preserve, maintain or repair the property must be reimbursed in full to the person returning it. That person cannot claim ordinary… Draft, not yet reviewed by the firm
- §417Other expenses on returned property Draft heading, not yet reviewed by the firmFor other expenses, the person returning the property may claim only those incurred while acting in good faith, and only up to the increase in… Draft, not yet reviewed by the firm
- §418Alterations made by a bad-faith recipient Draft heading, not yet reviewed by the firmA bad-faith recipient who altered or added to the property must restore it at their own cost before returning it, unless the owner chooses to… Draft, not yet reviewed by the firm
- §419Limitation period for undue enrichment claims Draft heading, not yet reviewed by the firmNo action for undue enrichment may be brought after one year from the time the injured party learned of the right to restitution, or after… Draft, not yet reviewed by the firm
Title 5: Wrongful Acts
Chapter 1: Liability for Wrongful Acts
- §420General principle of tort liabilityAnyone who intentionally or negligently causes unlawful harm to another's life, body, health, liberty, property, or any other right must pay compensation. This is the…
- §421Abuse of right, bad-faith useA right may not be exercised solely to harm another person. The pure-malice exercise of an otherwise valid right is itself wrongful.
- §422Presumption of fault from breach of a protective law Draft heading, not yet reviewed by the firmWhere damage results from breaching a legal provision that is intended to protect other people, the person who committed the breach is presumed, unless shown… Draft, not yet reviewed by the firm
- §423Liability for untrue statements causing harm Draft heading, not yet reviewed by the firmA person who states or spreads an untrue fact that harms another's reputation, credit, livelihood or prosperity must compensate for the damage, even without knowing… Draft, not yet reviewed by the firm
- §424Court's independence from criminal law in wrongful acts Draft heading, not yet reviewed by the firmIn judging liability for a wrongful act and fixing compensation, the court is not bound by the criminal law provisions on liability to punishment, and… Draft, not yet reviewed by the firm
- §425Employer joint liability for employee tortAn employer is jointly liable with the employee for any wrongful act the employee commits in the course of employment.
- §426Employer's right of recourse against the employee Draft heading, not yet reviewed by the firmAn employer who has paid compensation to a third person for a wrongful act committed by the employee is entitled to reimbursement from that employee. Draft, not yet reviewed by the firm
- §427Application to principal and agent Draft heading, not yet reviewed by the firmThe provisions of the two preceding sections apply, with the necessary modifications, to the relationship between a principal and an agent, in the same way… Draft, not yet reviewed by the firm
- §428Employer of an independent contractor is not liable, with exceptionsThe employer of an independent contractor is not liable for damage the contractor causes to third parties while doing the work, unless the employer is…
- §429Liability of incapacitated persons and their supervisors Draft heading, not yet reviewed by the firmA minor or a person of unsound mind is still liable for their own wrongful acts. Their parents or guardian are jointly liable with them,… Draft, not yet reviewed by the firm
- §430Liability of teachers, employers and other supervisors Draft heading, not yet reviewed by the firmA teacher, employer or other person who supervises an incapacitated person, permanently or temporarily, is jointly liable with that person for a wrongful act committed… Draft, not yet reviewed by the firm
- §431Recourse in cases of supervised persons Draft heading, not yet reviewed by the firmIn the cases covered by the two preceding sections, concerning those who supervise incapacitated persons, the provisions of section 426 apply with the necessary modifications. Draft, not yet reviewed by the firm
- §432Joint and several tort liabilityWhere several persons cause damage by a joint wrongful act they are jointly bound to compensate, and the same applies where, among several joint doers,…
- §433Liability for animalsLiability for animals.
- §434Liability for buildings and structuresLiability for buildings and structures.
- §435Demanding measures against danger from a structure Draft heading, not yet reviewed by the firmA person who may suffer damage from a building or other structure belonging to someone else is entitled to require that person to take the… Draft, not yet reviewed by the firm
- §436Liability of the occupier of a building Draft heading, not yet reviewed by the firmA person occupying a building is responsible for damage caused by things that fall from it, or by things thrown from it into a place… Draft, not yet reviewed by the firm
- §437Liability for vehicles and dangerous thingsLiability for vehicles and dangerous things.
Chapter 2: Compensation for Wrongful Acts
- §438Form of compensation, restitutio in integrumIt is for the court to decide in what manner and to what extent compensation is to be made, judging by the circumstances and by…
- §439Accidental loss of property to be returned Draft heading, not yet reviewed by the firmA person bound to return property taken from another through a wrongful act is also responsible if it is accidentally destroyed, accidentally cannot be returned,… Draft, not yet reviewed by the firm
- §440Interest on the value to be made good Draft heading, not yet reviewed by the firmWhere the value of a thing taken, or the loss in value of a thing damaged, must be made good, the injured party may claim… Draft, not yet reviewed by the firm
- §441Compensation paid to the person in possession Draft heading, not yet reviewed by the firmA person who compensates the one in possession of a movable at the time it was taken or damaged is discharged, even if a third… Draft, not yet reviewed by the firm
- §442Fault of the injured party Draft heading, not yet reviewed by the firmIf damage arose partly because of some fault on the part of the injured party, the provisions of section 223 apply with the necessary modifications. Draft, not yet reviewed by the firm
- §443Damages in case of deathDamages in case of death.
- §444Damages for bodily injuryDamages for bodily injury.
- §445Compensation for loss of services to a third person Draft heading, not yet reviewed by the firmWhere a person is killed, injured in body or health, or deprived of liberty, and was legally bound to perform services for a third person… Draft, not yet reviewed by the firm
- §446Damages for non-pecuniary lossDamages for non-pecuniary loss.
- §447Restoring reputation, instead of or together with damagesWhere a person's reputation has been injured, the court may, on the injured person's application, order the wrongdoer to take suitable measures to restore that…
- §448Prescription period for tort claimsTort claims must be brought within one year of discovering both the harm and the wrongdoer's identity, and in any event within ten years of…
Chapter 3: Exemption from Liability
- §449No liability for lawful defence or a lawful commandA person who causes injury while acting in lawful defence, or under a lawful command, is not liable to make compensation. The injured person may…
- §450Damaging property to avert danger, and when compensation is owedThis section is about damaging or destroying property in order to avert an immediate danger, and it sets three different outcomes. Damage done to avert…
- §451Use of force to protect one's own right Draft heading, not yet reviewed by the firmUsing force to protect a right brings no liability for compensation if court or official help could not come in time and, without immediate action,… Draft, not yet reviewed by the firm
- §452Seizing another's animals that cause damage Draft heading, not yet reviewed by the firmA possessor of immovable property may seize another person's animals that cause damage there and hold them as security for compensation, and may even kill… Draft, not yet reviewed by the firm
Headings marked "draft" and short descriptions marked "draft" were prepared from the statutory text and have not yet been reviewed by the firm.