Book3 Title12 Chapter02
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 XII. Mortgage.
Chapter II. Extent of Mortgage.
Section 796.
- The mortgaged property is security for the performance of the obligation and for the following accessories:
- (1) Interest, if any.
- (2) Compensation in case of non-performance of the obligation.
- (3) Costs of enforcement of the right of mortgage.
《Genealogies》
Section 797.
- The right of mortgage extends to all the properties mortgaged and to the whole of each of them, even after part performance.
《Genealogies》
Section 798.
- [I] When the mortgaged property is divided into parcels, rights of mortgage continues to extend to each and all of them.
- [II] However, one parcel may be transferred free of any right of mortgage with the consent of the mortgagee. Such consent or order cannot be set up against the buyer of the mortgagee's right unless it has been registered.
《Genealogies》
Section 799.
- The right of mortgage extends to all things which are so connected with the mortgaged property as to form one thing with it, subject to the restrictions provided by the three following Sections.
《Genealogies》
Section 800.
- [I] The right of mortgage on a land does not extend to the buildings erected by the mortgagor upon it after the time of mortgage unless there is in the contract a special clause to that effect.
- [II] However, in any case, the mortgagee can have such buildings sold with the land, but his preferential right does not extend to the increase of value derived from the buildings.
《Genealogies》
Section 801.
- The right of mortgage over buildings made by a person upon or under another's land does not extend to that land, and vice versa.
《Genealogies》
Section 802.
- The right of mortgage does not extend to the fruits, interests and profits of the mortgaged property except after the time when the mortgagee has notified the mortgagor or the transferee of his intention to enforce the mortgage.
《Genealogies》
