Book1 Division07 Title11 Chapter03
From Thai Codification Draft of 1919
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.
Chapter III. Rights and Duties of the Mortgagee and Mortgagor.
Section 736.
- No agreement entered after the time of the mortgage creating servitudes or other real rights upon the mortgaged property which depreciates the property, can be set up against the mortgagee unless he has agreed to it.
《Genealogies》
Section 737.
- If the mortgaged property is damaged, or if one of the mortgaged properties is lost or damaged, so that the security becomes insufficient, the mortgagee can enforce at once the mortgage, unless there is no fault of the mortgagor and the later offers either to mortgage another property of sufficient value or to repair the damage within a reasonable time.
《Genealogies》
Section 738.
- [I] If a person who has mortgaged a property as security for the performance of an obligation by another person performs the obligation on behalf of the debtor to prevent the enforcement of the mortgage, he is entitled to recover from the debtor the amount of the performance.
- [II] If the mortgage is enforced, the mortgagor is entitled to recover from the debtor the amount up to which the mortgagee has been satisfied by such enforcement.
《Genealogies》
Section 739.
- When two or more persons have mortgaged their properties as security for the performance of one and the same obligation by another person and no order has been specified, the mortgagor who has performed the obligation or on whose property the mortgage has been enforced, has no right of recourse against the other mortgagors.
《Genealogies》
Section 740.
- [I] If a person has mortgaged a property as security for the performance of an obligation by another person, and the creditor grants to the debtor an extension of time, the mortgagor in discharged.
- [II] The mortgagor is not discharged if he agreed to the extension of time or if the extension is granted by the Court.
《Genealogies》
Section 741.
- [I] If a person has mortgaged a property as security for the performance of an obligation by another person, the mortgagor is entitled to tender performance of the obligation to the mortgagee from the time when performance is due.
- [II] If the mortgagee refuses to accept performance, the mortgagor is discharged.
《Genealogies》
Section 742.
- When several persons have mortgaged their properties as security for the performance of one and the same obligation by another person and an order has been specified, the release granted by the mortgagee to one of the mortgagors discharges the subsequent mortgagors to the extent of the injury suffered by them thereby.
《Genealogies》
