Book1 Division04 Title02 Chapter01 Part06

From Thai Codification Draft of 1919
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

BOOK ON OBLIGATIONS.

DIVISION IV. EFFECTS OF OBLIGATIONS.

TITLE II. Rights of the Creditor.

Chapter I. Performance.
Part VI. Appropriation.
Section 251.
  • When a debtor is bound by several obligations to one creditor, and a prestation made as performance is not sufficient to satisfy all these obligations, such prestation must be appropriated.

《Genealogies》

  1. Codes of 1923: 317
  2. Codes of 1925: 328
  3. Codes of 1992:
Section 252.
  • The person performing can, at the time of performance, designate the obligation to which the prestation shall be appropriated.

《Genealogies》

  1. Codes of 1923: 318
  2. Codes of 1925: 328
  3. Codes of 1992:
Section 253.
  • If the person performing does not make such designation, the person receiving the prestation can make it, at the time of reception, unless the person performing at once refuses to agree to such appropriation.

《Genealogies》

  1. Codes of 1923: 319
  2. Codes of 1925: 328
  3. Codes of 1992:
Section 254.
  • If no appropriation is made by the parties, or if the person performing at once refuses to agree to the appropriation made by the person receiving performance, the prestation must be appropriated according to the following rules :
  • (1) Judgment debts must be paid in preference to other debts.
  • (2) If there are several judgment debts, the debt bearing the highest interest must be paid in preference.
  • (3) If there are several debts other than judgment debts, the debt bearing the highest interest must be paid in preference.
  • (4) If there are several debts bearing the same interest, the prestation must be divided between them in proportion to their respective amounts.

《Genealogies》

  1. Codes of 1923: 320
  2. Codes of 1925: 328(II)
  3. Codes of 1992:
Section 255.
  • If the creditor has received security, part performance shall be appropriated first to the unsecured portion of the obligation.

《Genealogies》

  1. Codes of 1923: 321
  2. Codes of 1925: 328(II)
  3. Codes of 1992:
Section 256.
  • If costs and interest are due, the prestation must be appropriated in the following order :
  • (1) Costs.
  • (2) Interest.
  • (3) Capital.

《Genealogies》

  1. Codes of 1923: 321
  2. Codes of 1925: 329(I)
  3. Codes of 1992: