Book1 Division07 Title10 Chapter01

From Thai Codification Draft of 1919

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

BOOK ON OBLIGATIONS.

DIVISION VII. SPECIFIC CONTRACTS.

TITLE X. Suretyship.

Chapter I. General Provisions.
Section 687.
  • A contract of suretyship is a contract whereby a person, called surety, agrees to perform an obligation in case the debtor does not perform it.

《Genealogies》

  1. Draft of April 1924: 753
  2. Code of January 1925: 680
Section 688.
  • A contract of suretyship may guarantee any obligation even unconditional or future.

《Genealogies》

  1. Draft of April 1924: 754
  2. Code of January 1925: 681
Section 689.
  • A contract of suretyship is void or voidable according as to whether the obligation secured is void or voidable.

《Genealogies》

  1. Draft of April 1924: 755
  2. Code of January 1925: -
Section 690.
  • An obligation which is voidable owing to one of the parties being incapacitated may be guaranteed by suretyship if it appears from the contract or from the circumstances of the case that the surety agreed to guarantee the creditor against the consequences of the want of capacity.

《Genealogies》

  1. Draft of April 1924: 756
  2. Code of January 1925: 681
Section 691.
  • Suretyship may be given for a limited period of time or for a series of transactions.

《Genealogies》

  1. Draft of April 1924: 757
  2. Code of January 1925: -
Section 692.
  • A person can agree to be surety for another surety.

《Genealogies》

  1. Draft of April 1924: 758
  2. Code of January 1925: 682
Section 693.
  • The suretyship covers interest and compensation due by the debtor on account of the obligation and all charges accessory to it.

《Genealogies》

  1. Draft of April 1924: 759
  2. Code of January 1925: 683
Section 694.
  • The surety is liable for the costs of action to be paid by the debtor to the creditor, but he is not liable for such costs if the action was entered without first demanding performance from him.

《Genealogies》

  1. Draft of April 1924: 760
  2. Code of January 1925: 684
Section 695.
  • If, on enforcement of the contract of suretyship, the surety does not perform the whole of the obligation of the debtor, together with interest, compensation and accessories, the debtor remains liable to the creditor for the surplus.

《Genealogies》

  1. Draft of April 1924: 761
  2. Code of January 1925: 685