Book3 Title11 Chapter03
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 III. Effects after Performance.
Section 771.
- [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》
Section 772.
- 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》
Section 773.
- 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》
Section 774.
- [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》
Section 775.
- 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》
