Book1 Division06 Title03

From Thai Codification Draft of 1919
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DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM.

BOOK ON OBLIGATIONS.

DIVISION VI. EXTINCTION OF OBLIGATIONS.

TITLE III. Set Off.

Section 352.
  • When two persons are respectively creditor and debtor and debtor and creditor of obligations to pay money and these obligations are due, the obligations may be extinguished by set off up to the amount of the smaller sum, in the same way as if they had been performed up to that amount.

《Genealogies》

  1. Codes of 1923: 417
  2. Codes of 1925: 341(I)
  3. Codes of 1992:
Section 353.
  • Set off is made by a notification made by one party to the other.

《Genealogies》

  1. Codes of 1923: 418
  2. Codes of 1925: 342(I)
  3. Codes of 1992:
Section 354.
  • Set off takes effect from the time when the notification reaches the other party.

《Genealogies》

  1. Codes of 1923: 419
  2. Codes of 1925: 342
  3. Codes of 1992:
Section 355.
  • If an obligation has been transferred, the debtor who is notified of, or has agreed to, the transfer cannot set off against the transferee obligations which he could set off against the transferor.

《Genealogies》

  1. Codes of 1923: 420
  2. Codes of 1925: -
  3. Codes of 1992:
Section 356.
  • A debtor cannot notify set off after the obligation has been seized by order of the Court either before or after judgment.

《Genealogies》

  1. Codes of 1923: 421
  2. Codes of 1925: 347
  3. Codes of 1992:
Section 357.
  • Set off can be made even if the places of performance of the two obligations are different; but the party who makes the set off must make compensation to the other party for any injury resulting therefrom.

《Genealogies》

  1. Codes of 1923: 422
  2. Codes of 1925: 343
  3. Codes of 1992:
Section 358.
  • Appropriation in case of set off is governed by the provisions of Sections 251 to 256 concerning performance.

《Genealogies》

  1. Codes of 1923: 423
  2. Codes of 1925: 423
  3. Codes of 1992: