Book1 Division07 Title11 Chapter06

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 XI. Mortgage.

Section 764.

• A contract of mortgage is extinguished:
• (1) by the total loss, or expropriation, of the mortgaged property;
• (2) by the extinction of the obligation secured;
• (3) by the release of the mortgage granted in writing to the mortgagor;
• (4) by the discharge of the mortgagor;
• (5) by the removal of the mortgage;
• (6) by the auction sale of the mortgaged property by order of the Court;
• (7) by the transfer of the ownership of the mortgaged property to the mortgagee.

《Genealogies》

1. Draft of April 1924: 831
2. Code of January 1925: 744

Section 765.

• The mortgagee can enforce the mortgage even after the obligation secured has been extinguished by prescription, but the arrears of interest on mortgage cannot be enforced for more than five years.

《Genealogies》

1. Draft of April 1924: 832
2. Code of January 1925: 745

Section 766.

• When a contract of mortgage is extinguished, the owner of the property concerned is entitled to have such extinction registered by the competent official.

《Genealogies》

1. Draft of April 1924: 833
2. Code of January 1925: 746

Section 767.

• [I] The mortgagor is entitled to have any part performance, or any discharge, or any agreement reducing the number of the mortgaged properties or the amount of the obligation secured, registered by the competent official.
• [II] Any such part performance, discharge, or agreement, cannot be set up against the buyer of the mortgagee's right unless it has been registered.

《Genealogies》

1. Draft of April 1924: 834
2. Code of January 1925: 746