Book1 Division05 Title01 Chapter01
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 V. RIGHTS OF THE CREDITOR OVER THE PROPERTY OF THE DEBTOR.
TITLE I. Respective Rights of the Ordinary and Preferred Creditors.
Chapter I. General Provisions.
Section 306.
- There are two kinds of creditors, that is to say:
- (1) Ordinary creditors.
- (2) Preferred creditors.
《Genealogies》
- Codes of 1923: 372
- Codes of 1925: -
- Codes of 1992:
Section 307.
- Any creditor is entitled to have his obligation performed out of the whole of the property of his debtor, such property including any monies or other properties due to the debtor by third persons.
《Genealogies》
Section 308.
- If there are several creditors and the property of the debtor is not sufficient to satisfy them all, they are entitled to receive performance in proportion to the amounts of their respective obligations.
《Genealogies》
- Codes of 1923: 374
- Codes of 1925: -
- Codes of 1992:
Section 309.
- In addition to the remedy provided in Sections 307 and 308, the preferred creditor is entitled to have his obligation performed in preference to the other creditors either out of particular properties of the debtor, or out of the whole property of the debtor.
《Genealogies》
Section 310.
- If the property of a debtor has been seized [by order of the Court] in execution of a judgment, every judgment creditor or preferred creditor who files a motion in Court before the property be sold is entitled to share in the proceeds provided that the costs incurred by the original judgment creditor be paid by preference.
《Genealogies》
- Codes of 1923: 376
- Codes of 1925: -
- Codes of 1992:
Section 311.
- Whenever a person is entitled by law to withhold or retain money or property not belonging to him, the creditors of the owner of such money or property can exercise no rights over it until such person has given up possession or has been satisfied.
《Genealogies》
- Codes of 1923: 377
- Codes of 1925: -
- Codes of 1992:
Section 312.
- [I] A creditor who satisfies another creditor of the same debtor is subrogated to the rights of that other creditor against the debtor up to the amount of the sum paid by him.
- [II] But he cannot exercise such rights to the injury of the creditor.
《Genealogies》
- Codes of 1923: 378
- Codes of 1925: -
- Codes of 1992:
Section 313.
- No preferential rights or rights to retain a property may be created in favour of creditors other than those mentioned in, or exceeding the limits laid down by, law.
《Genealogies》
- Codes of 1923: 379
- Codes of 1925: -
- Codes of 1992:
