Book1 Division07 Title11 Chapter07
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 VII. SPECIFIC CONTRACTS.
TITLE XI. Mortgage.
Chapter VII. Registration.
Section 768.
- The registration concerning mortgage shall be made at the Registry Offices, the number, places, districts and competency of which are fixed by the special laws and regulations relating thereto.
《Genealogies》
- Draft of April 1924: 835
- Code of January 1925: -
Section 769.
- The parties who apply for the registration of contract of mortgage must:
- (1) make to the Registrar a statement of the terms of the agreement;
- (2) produce to him the land certificate, or, in case of movables, the registration certificate of the property concerned.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: -
Section 770.
- On such application, the contract is drawn up according to the statement of the parties, and the Registrar shall enter on the certificate and on the Register counterfoil a summary of the contract showing the names of the parties, the nature of the obligation and the maximum amount for which the mortgaged property is security, the rate of interest, the date of maturity of the obligation, the date of registration.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: -
Section 771.
- The person who applies for registration of an alteration or extinction of the mortgage must produce to the Registrar the land certificate, or, in case of movables, the registration certificate of the property concerned, and the document supporting his application.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: -
Section 772.
- On such application the Registrar shall enter on the certificate and on the Register counterfoil the alteration or extinction of the mortgage, and the date of such entry, and he shall annex thereto the documents produced.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: -
Section 773.
- [I] If in the opinion of the Registrar the application does not comply with the provisions of law, the Registrar shall decline to proceed with the registration until he has received an order of the Court to register.
- [II] He must however make on the certificate and Register counterfoil a note stating the fact and date of the application.
- [III] If the Registrar afterwards proceeds with the registration, such registration shall be deemed to have been made on the date of the application.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: -
Section 774.
- [I] When an alteration or extinction of the mortgage has been registered otherwise than with the consent of the mortgagee or by an order of the Court, the mortgagee may have such registration cancelled by the Court if he proves that in fact there had been no alteration or extinction of the mortgage.
- [II] On registration of the cancellation, the mortgagee shall be restored in his right and rank.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: -
Section 775.
- Every person is entitled to consult the register's during the Office hours, without removing the books, and to obtain from the Registrar a certified copy or abstract of all the entries and documents relating to the mortgaged property, on payment of such fees as may be fixed by the competent Minister.
《Genealogies》
- Draft of April 1924: -
- Code of January 1925: -
