Book1 Division07 Title10 Chapter02

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

• The today existing (probably) only copy of its publication is in possession of the main library of Bangkok University. The detailed information and images of the original sources are available on the Centennial Website.
• The detailed information about the genealogical relations between the Draft 1919, Codes of 1923, Codes of 1925, and Code of 1992 is available at the "French Advisers' Heritage".

BOOK ON OBLIGATIONS.

DIVISION VII. SPECIFIC CONTRACTS.

TITLE X. Suretyship.

Section 696.

• As soon as the debtor is in default the creditor is entitled to demand performance of the obligation from the surety.

《Genealogies》

1. Draft of April 1924: 763
2. Code of January 1925: 686

Section 697.

• The surety is not bound to perform the obligation before the time fixed for performance, although the debtor may have lost the benefit of the time clause.

《Genealogies》

1. Draft of April 1924: 764
2. Code of January 1925: 687

Section 698.

• The surety is entitled to summon the debtor to appear in the action in order that the judgment may decide on his liability to the creditor and on the liability of the debtor to him.

《Genealogies》

1. Draft of April 1924: 765
2. Code of January 1925: 688

Section 699.

• When the debtor is summoned and the surety proves:
• (1) That the debtor has the means to perform the whole or part of the obligation, and
• (2) That enforcement against the debtor would not be difficult,
• the Court may, in its discretion, order that the obligation shall be enforced first against the debtor.

《Genealogies》

1. Draft of April 1924: 766
2. Code of January 1925: 689

Section 700.

• If the obligation is secured by a pledge or mortgage, the surety is entitled to have the obligation performed first out of the property pledged or mortgaged.

《Genealogies》

1. Draft of April 1924: 767
2. Code of January 1925: 690

Section 701.

• If the surety has agreed to be bound jointly with the debtor, the surety becomes a joint debtor.

《Genealogies》

1. Draft of April 1924: 768
2. Code of January 1925: 691

Section 702.

• [I] If there are several sureties for the same obligation, they are jointly liable to the creditor within the limits specified in their respective contracts of suretyship.
• [II] As between themselves, their shares in any deficiency are in proportion to the amount for which each surety is liable.
• [III] If no amount was specified each surety shall bear an equal share in the deficiency.

《Genealogies》

1. Draft of April 1924: 769
2. Code of January 1925: -

Section 703.

• An interruption of prescription against the debtor is also an interruption against the surety.

《Genealogies》

1. Draft of April 1924: 770
2. Code of January 1925: 692