Book3 Title11 Chapter01
From Thai Codification Draft of 1924
DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM
BOOK III ON SPECIFIC CONTRACTS. (April 1924)
- Reconstructed from the Documents in Vols. 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
- For the details, please, refer to the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".
TITLE XI. Suretyship.
Chapter I. General Provisions.
Section 753.
- A contract of suretyship is a contract whereby a person, called surety, agrees to perform an obligation in case the debtor does not perform it.
《Genealogies》
Section 754.
- A contract of suretyship may guarantee any obligation even unconditional or future.
《Genealogies》
Section 755.
- A contract of suretyship is void or voidable according as to whether the obligation secured is void or voidable.
《Genealogies》
- Draft of 1919: Ob.689
- Code of January 1925: -
- Code of January 1929: -
Section 756.
- An obligation which is voidable owing to one of the parties being incapacitated may be guaranteed by suretyship if it appears from the contract or from the circumstances of the case that the surety agreed to guarantee the creditor against the consequences of the want of capacity.
《Genealogies》
Section 757.
- Suretyship may be given for a limited period of time or for a series of transactions.
《Genealogies》
- Draft of 1919: Ob.691
- Code of January 1925: -
- Code of January 1929: -
Section 758.
- A person <
can>[may] agree to be surety for another surety.
《Genealogies》
Section 759.
- The suretyship covers interest and compensation due by the debtor on account of the obligation and all charges accessory to it.
《Genealogies》
Section 760.
- The surety is liable for the costs of action to be paid by the debtor to the creditor, but he is not liable for such costs if the action was entered without first demanding performance from him.
《Genealogies》
Section 761.
- If, on enforcement of the contract of suretyship, the surety does not perform the whole of the obligation of the debtor, together with interest, compensation and accessories, the debtor remains liable to the creditor for the surplus.
《Genealogies》
Section 762.
- [ลูกหนี้จะวางทรัพย์เปนประกันแทนหาผู้ค้ำประกันให้ก็ได้]
《Genealogies》
- Draft of 1919: -
- Code of January 1925: -
- Code of January 1929: -
