Book3 Title12 Chapter06: Difference between revisions
From Thai Codification Draft of 1924
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Latest revision as of 14:53, 18 January 2025
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 VI. Extinction of Mortgage.
Section 831.
- A contract of mortgage is extinguished:
- (1) by the total loss, or expropriation, of the mortgaged property;
- (2) by the extinction of the obligation secured;
- (3) by the release of the mortgage granted in writing to the mortgagor;
- (4) by the discharge of the mortgagor;
- (5) by the removal of the mortgage;
- (6) by the auction sale of the mortgaged property by order of the Court;
- (7) by the transfer of the ownership of the mortgaged property to the mortgagee.
《Genealogies》
Section 832.
- The mortgagee can enforce the mortgage even after the obligation secured has been extinguished by prescription, but the arrears of interest on mortgage cannot be enforced for more than five years.
《Genealogies》
Section 833.
- When a contract of mortgage is extinguished, the owner of the property concerned is entitled to have such extinction registered by the competent official.
《Genealogies》
Section 834.
- [I] The mortgagor is entitled to have any part performance, or any discharge, or any agreement reducing the number of the mortgaged properties or the amount of the obligation secured, registered by the competent official.
- [II] Any such part performance, discharge, or agreement, cannot be set up against the buyer of the mortgagee's right unless it has been registered.
《Genealogies》
