Book1 Division05 Title03
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 III. Rights of the Creditor to Cancellation of the Acts Made in Fraud of His Own Rights.
Section 343.
- A judgment creditor is entitled to claim cancellation by the Court of transfers or renunciations which a debtor may have made to the prejudice of such creditor provided that:
- (1) Such transfers or renunciations were made after the original obligation arose, and
- (2) The debtor knew that such transfers or renunciations would prejudice the creditor, and
- (3) The person in whose favour such transfers or renunciations were made knew that such transfers or renunciations would prejudice the creditor.
《Genealogies》
Section 344.
- In such action, the Court shall hold the plaintiff as duly satisfied if the defendant pays off the judgment creditor's claim.
《Genealogies》
- Codes of 1923: -
- Codes of 1925: -
- Codes of 1992:
Section 345.
- Prestations made by the defendant in order to satisfy the judgment creditor are equivalent to prestations made by the debtor.
《Genealogies》
- Codes of 1923: 410
- Codes of 1925: -
- Codes of 1992:
Section 346.
- If a transfer or renunciation has been cancelled by the Court, restitution by the transferee or by the person in whose favour the renunciation was made is governed by such provisions of this Code concerning restitution for undue enrichment as refer to restitution made by persons in bad faith.
《Genealogies》
- Codes of 1923: 411
- Codes of 1925: -
- Codes of 1992:
Section 347.
- Cancellation operates in favour of all the creditors.
《Genealogies》
Section 348.
- The right to claim cancellation is extinguished by prescription one year after the day when the judgment creditor knew of the transfer or renunciation.
《Genealogies》
- Codes of 1923: 413
- Codes of 1925: 240 sent.1
- Codes of 1992:
Section 349.
- In no case can an action for cancellation of a transfer or renunciation made in fraud of the rights of a creditor be entered later than ten years after the transfer or renunciation.
《Genealogies》
- Codes of 1923: 414
- Codes of 1925: 240 sent.2
- Codes of 1992:
