Book3 Title11 Chapter02

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 II. Effects before Performance.

Section 763.

• As soon as the debtor is in default the creditor is entitled to demand performance of the obligation from the surety.

《Genealogies》

1. Draft of 1919: Ob.696
2. Code of January 1925: 686
3. Code of January 1929: 686

Section 764.

• The surety is not bound to perform the obligation before the time fixed for performance, although the debtor may have lost the benefit of the time clause.

《Genealogies》

1. Draft of 1919: Ob.697
2. Code of January 1925: 687
3. Code of January 1929: 687

Section 765.

• The surety is entitled to summon the debtor to appear in the action in order that the judgment may decide on his liability to the creditor and on the liability of the debtor to him.

《Genealogies》

1. Draft of 1919: Ob.698
2. Code of January 1925: 688
3. Code of January 1929: 688

Section 766.

• When the debtor is summoned and the surety proves:
• (1) That the debtor has the means to perform the whole or part of the obligation, and
• (2) That enforcement against the debtor would not be difficult,
• the Court may, in its discretion, order that the obligation shall be enforced first against the debtor.

《Genealogies》

1. Draft of 1919: Ob.699
2. Code of January 1925: 689
3. Code of January 1929: 689

Section 767.

• If the obligation is secured by a pledge or mortgage, the surety is entitled to have the obligation performed first out of the property pledged or mortgaged.

《Genealogies》

1. Draft of 1919: Ob.700
2. Code of January 1925: 690
3. Code of January 1929: 690

Section 768.

• If the surety has agreed to be bound jointly with the debtor, the surety becomes a joint debtor.

《Genealogies》

1. Draft of 1919: Ob.701
2. Code of January 1925: 691
3. Code of January 1929: 691

Section 769.

• [I] If there are several sureties for the same obligation, they are jointly liable to the creditor within the limits specified in their respective contracts of suretyship.
• [II] As between themselves, their shares in any deficiency are in proportion to the amount for which each surety is liable.
• [III] If no amount was specified each surety shall bear an equal share in the deficiency.

《Genealogies》

1. Draft of 1919: Ob.702
2. Code of January 1925: -
3. Code of January 1929: -

Section 770.

• An interruption of prescription against the debtor is also an interruption against the surety.

《Genealogies》

1. Draft of 1919: Ob.703
2. Code of January 1925: 692
3. Code of January 1929: 692