Page:พรบ ใช้ ปพพ ๒๕๓๕.pdf/36

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Section176.Upon avoidance, a voidable act shall be deemed to have been void from the outset, and the parties thereto shall return to their original positions. If such return is impossible, damages shall be given instead.

If any person has been or should have been aware that any act is voidable, that person shall, upon avoidance, be deemed to have been aware that the act is void from the day he becomes or should have become aware of its voidability.

No claim arising from the return to the original position according to paragraph 1 shall be exercised upon elapse of one year from the day the voidable act is avoided.

Section177.If any of the persons having the right to avoid a voidable act according to section 175 has confirmed the voidable act, the act shall be deemed to have been valid from the outset. However, this does not affect the rights of a third person.

Section178.Avoidance or confirmation of a voidable act is made by expression of intention to the other party who can certainly be identified.

Section179.Confirmation of a voidable act is only valid when it is made after the grounds of the voidability of such act have ended.

A person adjudged incompetent or quasi-incompetent by a court order or insane person who did a voidable act according to section 30 can only confirm the voidable act when he learns of such voidable act after having been discharged from the incompetence or quasi-incompetence or when he is sane, as the case may be.

An heir of a person who did a voidable act can only confirm the voidable act from the time the person who did the voidable act dies, save where the right of the dead person to avoid the voidable act has already terminated.

The provisions of paragraph 1 and paragraph 2 shall not apply if the voidable act is confirmed by the legal representative, custodian, or curator.

Section180.After the time which confirmation may be given according to section 179, if any of the following circumstances occurs in relation to the voidable act because of an action of a person having the right to avoid it, it shall be deemed to be the giving of confirmation, unless any explicit reservation is made:

(1)an obligation has been performed in whole or in part;

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

(3)an obligation has been novated;

(4)security has been provided for an obligation;