Book1 Division07 Title11 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 XI. Mortgage.

Section 729.

• The mortgaged property is security for the performance of the obligation and for the following accessories:
• (1) Interest, if any.
• (2) Compensation in case of non-performance of the obligation.
• (3) Costs of enforcement of the right of mortgage.

《Genealogies》

1. Draft of April 1924: 796
2. Code of January 1925: 715

Section 730.

• The right of mortgage extends to all the properties mortgaged and to the whole of each of them, even after part performance.

《Genealogies》

1. Draft of April 1924: 797
2. Code of January 1925: 716

Section 731.

• [I] When the mortgaged property is divided into parcels, rights of mortgage continues to extend to each and all of them.
• [II] However, one parcel may be transferred free of any right of mortgage with the consent of the mortgagee. Such consent or order cannot be set up against the buyer of the mortgagee's right unless it has been registered.

《Genealogies》

1. Draft of April 1924: 798
2. Code of January 1925: 717

Section 732.

• The right of mortgage extends to all things which are so connected with the mortgaged property as to form one thing with it, subject to the restrictions provided by the three following Sections.

《Genealogies》

1. Draft of April 1924: 799
2. Code of January 1925: 718

Section 733.

• [I] The right of mortgage on a land does not extend to the buildings erected by the mortgagor upon it after the time of mortgage unless there is in the contract a special clause to that effect.
• [II] However, in any case, the mortgagee can have such buildings sold with the land, but his preferential right does not extend to the increase of value derived from the buildings.

《Genealogies》

1. Draft of April 1924: 800
2. Code of January 1925: 719

Section 734.

• The right of mortgage over buildings made by a person upon or under another's land does not extend to that land, and vice versa.

《Genealogies》

1. Draft of April 1924: 801
2. Code of January 1925: 720

Section 735.

• The right of mortgage does not extend to the fruits, interests and profits of the mortgaged property except after the time when the mortgagee has notified the mortgagor or the transferee of his intention to enforce the mortgage.

《Genealogies》

1. Draft of April 1924: 802
2. Code of January 1925: 721