Book1 Division07 Title10 Chapter03

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 VII. SPECIFIC CONTRACTS.

TITLE X. Suretyship.

Chapter III. Effects after Performance.
Section 704.
  • [I] The surety who has performed the obligation is entitled to reimbursement from the debtor and is subrogated to the rights of the creditor against the debtor.
  • [II] But he cannot exercise such rights to the injury of the creditor.

《Genealogies》

  1. Draft of April 1924: 771
  2. Code of January 1925: 693
Section 705.
  • In addition to the defences which the surety has against the creditor, he can also set up defences which the debtor has against the creditor.

《Genealogies》

  1. Draft of April 1924: 772
  2. Code of January 1925: 694
Section 706.
  • The surety who neglects to set up against the creditor defences of the debtor forfeits his right to reimbursement by the debtor to the extent of these defences, unless he proves that he did not know of such defences and that his ignorance was not due to his fault.

《Genealogies》

  1. Draft of April 1924: 773
  2. Code of January 1925: 695
Section 707.
  • [I] If the surety does not inform the debtor that he has performed the obligation and the debtor, in ignorance, performs it, the surety is not entitled to reimbursement by the debtor.
  • [II] The surety has only an action for undue enrichment against the creditor.

《Genealogies》

  1. Draft of April 1924: 774
  2. Code of January 1925: 696
Section 708.
  • If the creditor impairs or reduces the securities given for the performance of the obligation, the surety is discharged to the extent of the injury suffered by him thereby.

《Genealogies》

  1. Draft of April 1924: 775
  2. Code of January 1925: 697