Book1 Division05 Title02

From Thai Codification Draft of 1919

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

BOOK ON OBLIGATIONS.

DIVISION V. RIGHTS OF THE CREDITOR OVER THE PROPERTY OF THE DEBTOR.

TITLE II. Rights of the Creditor to Exercise the Debtor's Rights of Action.

Section 338.
  • If a debtor refuses or neglects to exercise a right of action belonging to him, and his refusal or neglect is likely to prejudice a judgment creditor, such judgment creditor can exercise such right of action in [his own] name [on behalf] of the debtor.

《Genealogies》

  1. Codes of 1923: 404
  2. Codes of 1925: 233
  3. Codes of 1992:
Section 339.
  • The judgment creditor who exercises a right of action belonging to his debtor must summon the debtor to appear in the action.

《Genealogies》

  1. Codes of 1923: 405
  2. Codes of 1925: 234
  3. Codes of 1992:
Section 340.
  • The judgment creditor can exercise a right of action belonging to the debtor for the whole amount due to the debtor, irrespective of the amount due to the creditor. But the defendant can satisfy the creditor by paying the amount due to him, provided that, if the original debtor joined as a plaintiff, he may proceed to judgment for the balance.

《Genealogies》

  1. Codes of 1923: 406
  2. Codes of 1925: 235
  3. Codes of 1992:
Section 341.
  • Prestations made by the defendant in order to satisfy the judgment creditor are equivalent to prestations made to the debtor.

《Genealogies》

  1. Codes of 1923: 407
  2. Codes of 1925: -
  3. Codes of 1992:
Section 342.
  • The defendant can set up against the judgment creditor all defences which he has against the debtor, excluding those which arose after the entry of the action.

《Genealogies》

  1. Codes of 1923: 408
  2. Codes of 1925: 236
  3. Codes of 1992: