Book1 Division07 Title10 Chapter03

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

• Its 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 704.

• [I] The surety who has performed the obligation is entitled to reimbursement from the debtor and is subrogated to the rights of the creditor against the debtor.
• [II] But he cannot exercise such rights to the injury of the creditor.

《Genealogies》

1. Draft of April 1924: 771
2. Code of January 1925: 693

Section 705.

• In addition to the defences which the surety has against the creditor, he can also set up defences which the debtor has against the creditor.

《Genealogies》

1. Draft of April 1924: 772
2. Code of January 1925: 694

Section 706.

• The surety who neglects to set up against the creditor defences of the debtor forfeits his right to reimbursement by the debtor to the extent of these defences, unless he proves that he did not know of such defences and that his ignorance was not due to his fault.

《Genealogies》

1. Draft of April 1924: 773
2. Code of January 1925: 695

Section 707.

• [I] If the surety does not inform the debtor that he has performed the obligation and the debtor, in ignorance, performs it, the surety is not entitled to reimbursement by the debtor.
• [II] The surety has only an action for undue enrichment against the creditor.

《Genealogies》

1. Draft of April 1924: 774
2. Code of January 1925: 696

Section 708.

• If the creditor impairs or reduces the securities given for the performance of the obligation, the surety is discharged to the extent of the injury suffered by him thereby.

《Genealogies》

1. Draft of April 1924: 775
2. Code of January 1925: 697