1924th Book3 Title12 Chapter03: Difference between revisions
From Thai Codification Codes of 1925
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== BOOK III ON SPECIFIC CONTRACTS. (April 1924) == | == BOOK III ON SPECIFIC CONTRACTS. (April 1924) == | ||
* | * The following text of the Draft for the Book III of the "Civil and Commercial Code for the Kingdom of Siam" was reconstructed from the Documents in Vols. [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163432 40], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163433 41], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163434 42], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163435 43], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163436 44], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163437 45], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163438 46], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163439 47], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163473 86], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163474 87], [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163475 88], and [https://digital.library.tu.ac.th/tu_dc/frontend/Info/item/dc:163476 89] of '''[https://digital.library.tu.ac.th/tu_dc/frontend/Search/index/collection:39 “The Archives of the History of Thai Codification”]'''. | ||
* For the details, please, refer to the "Introductory Notes" to the '''[https://openlegaltextbook.ddns.net/Centennial/Draft1924/Draft1924_all.pdf ''"Reconstructed Book III on Specific Contracts"'']'''. | * For the details, please, refer to the page of [[1924th Introduction|'''"Introduction'''"]] and the "Introductory Notes" to the '''[https://openlegaltextbook.ddns.net/Centennial/Draft1924/Draft1924_all.pdf ''"Reconstructed Book III on Specific Contracts"'']'''. | ||
'''[[1924th_Book3_Title12_Chapter02|← Previous Page]]''' | '''[[1924th_Book3_Title12_Chapter04|Next Page →]]''' | '''[[1924th_Book3_Title12_Chapter02|← Previous Page]]''' | '''[[1924th_Book3_Title12_Chapter04|Next Page →]]''' | ||
=== '''[[1924th Main Page#TITLE XII. Mortgage.|TITLE XII. Mortgage.]]''' === | === '''[[1924th Main Page#TITLE XII. Mortgage.|TITLE XII. Mortgage.]]''' === | ||
==== Chapter III. Rights and Duties of Mortgagee and Mortgagor. ==== | ==== [[1924th Main Page#Chapter III. Rights and Duties of Mortgagee and Mortgagor.|Chapter III. Rights and Duties of Mortgagee and Mortgagor.]] ==== | ||
====== '''Section 803.''' ====== | ====== '''Section 803.''' ====== | ||
* | * No servitude or other real right created by agreement or will upon the mortgaged property by which the value of the property is depreciated <font style='color:maroon'><u>and which is</u></font> registered after the registration of the mortgage</u></font> may be set up against the mortgagee unless he has agreed to it. | ||
<p align=right><font style='color:darkslategray'>- Commission of Codification, July. 1923, [https://openlegaltextbook.ddns.net/Codes/archives/vol040/Vol040_P124.pdf P.40/124]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Collaboration of Dr.James, 2nd instalment, August 1923, [https://openlegaltextbook.ddns.net/Codes/archives/vol041/Vol041_P093.pdf P.41/93]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P139.pdf P.86/139]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 804.''' ====== | ====== '''Section 804.''' ====== | ||
* If the mortgaged property is damaged, or if one of the mortgaged properties is lost or damaged, so that the security becomes insufficient, the mortgagee <<s>can</s> | * If the mortgaged property is damaged, or if one of the mortgaged properties is lost or damaged, so that the security becomes insufficient, the mortgagee <font style='color:maroon'><s>can</s> <u>may</u></font> enforce <font style='color:maroon'><s>at once</s></font> the mortgage <font style='color:maroon'><u>at once</u></font>, unless <font style='color:maroon'><s>there is no fault of</s></font> the mortgagor <font style='color:maroon'><u>has not been at fault</u></font> and <font style='color:maroon'><s>the latter</s></font> offers either to mortgage another property of sufficient value or to repair the damage within a reasonable time. | ||
<p align=right><font style='color:darkslategray'>- Collaboration of Dr.James, 2nd instalment, August 1923, [https://openlegaltextbook.ddns.net/Codes/archives/vol041/Vol041_P093.pdf P.41/93]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P139.pdf P.86/139]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 805.''' ====== | ====== '''Section 805.''' ====== | ||
* [I] If a person who has mortgaged a property as security for the performance of an obligation by another person performs the obligation on behalf of the debtor to prevent the enforcement of the mortgage, he is entitled to recover from the debtor the amount of the performance. | * [I] <font style='color:maroon'><s>If a person</s> <u>A mortgagor</u></font> who has mortgaged a property as security for the performance of an obligation by another person <font style='color:maroon'><u>and who</u></font> performs the obligation on behalf of the debtor to prevent the enforcement of the mortgage<font style='color:maroon'><s>, he</s></font> is entitled to recover from the debtor the amount of the performance. | ||
* [II] If the mortgage is enforced, the mortgagor is entitled to recover from the debtor the amount up to which the mortgagee has been satisfied by such enforcement. | * [II] If the mortgage is enforced, the mortgagor is entitled to recover from the debtor the amount <font style='color:maroon'><s>up to</s></font> which the mortgagee has been satisfied by such enforcement. | ||
<p align=right><font style='color:darkslategray'>- Collaboration of Dr.James, 2nd instalment, August 1923, [https://openlegaltextbook.ddns.net/Codes/archives/vol041/Vol041_P094.pdf P.41/94]</font></p> | |||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P139.pdf P.86/139]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 806.''' ====== | ====== '''Section 806.''' ====== | ||
* When two or more persons have mortgaged their properties as security for the performance of one and the same obligation by another person and no order has been specified, the mortgagor who has performed the obligation or on whose property the mortgage has been enforced, has no right of recourse against the other mortgagors. | * When two or more persons have mortgaged their properties as security for the performance of one and the same obligation by another person and no order has been specified, the mortgagor who has performed the obligation or on whose property the mortgage has been enforced, has no right of recourse against the other mortgagors. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P140.pdf P.86/140]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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* [I] If a person has mortgaged a property as security for the performance of an obligation by another person, and the creditor grants to the debtor an extension of time, the mortgagor in discharged. | * [I] If a person has mortgaged a property as security for the performance of an obligation by another person, and the creditor grants to the debtor an extension of time, the mortgagor in discharged. | ||
* [II] The mortgagor is not discharged if he agreed to the extension of time or if the extension is granted by the Court. | * [II] The mortgagor is not discharged if he agreed to the extension of time or if the extension is granted by the Court. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P140.pdf P.86/140]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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* [I] If a person has mortgaged a property as security for the performance of an obligation by another person, the mortgagor is entitled to tender performance of the obligation to the mortgagee from the time when performance is due. | * [I] If a person has mortgaged a property as security for the performance of an obligation by another person, the mortgagor is entitled to tender performance of the obligation to the mortgagee from the time when performance is due. | ||
* [II] If the mortgagee refuses to accept performance, the mortgagor is discharged. | * [II] If the mortgagee refuses to accept performance, the mortgagor is discharged. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P141.pdf P.86/141]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
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====== '''Section 809.''' ====== | ====== '''Section 809.''' ====== | ||
* When several persons have | * When several persons have mortgaged their properties as security for the performance of one and the same obligation by another person and an order has been specified, the release granted by the mortgagee to one of the mortgagors discharges the subsequent mortgagors to the extent of the injury suffered by them thereby. | ||
<p align=right><font style='color:darkslategray'>- Thai translation: [https://openlegaltextbook.ddns.net/Codes/archives/vol086/Vol086_P141.pdf P.86/141]</font></p> | |||
'''《Genealogies》''' | '''《Genealogies》''' | ||
Latest revision as of 10:22, 13 October 2026
BOOK III ON SPECIFIC CONTRACTS. (April 1924)
- The following text of the Draft for the Book III of the "Civil and Commercial Code for the Kingdom of Siam" was reconstructed from the Documents in Vols. 40, 41, 42, 43, 44, 45, 46, 47, 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
- For the details, please, refer to the page of "Introduction" and the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".
Section 803.
- No servitude or other real right created by agreement or will upon the mortgaged property by which the value of the property is depreciated and which is registered after the registration of the mortgage may be set up against the mortgagee unless he has agreed to it.
- Commission of Codification, July. 1923, P.40/124
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/93
- Thai translation: P.86/139
《Genealogies》
Section 804.
- If the mortgaged property is damaged, or if one of the mortgaged properties is lost or damaged, so that the security becomes insufficient, the mortgagee
canmay enforceat oncethe mortgage at once, unlessthere is no fault ofthe mortgagor has not been at fault andthe latteroffers either to mortgage another property of sufficient value or to repair the damage within a reasonable time.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/93
- Thai translation: P.86/139
《Genealogies》
Section 805.
- [I]
If a personA mortgagor who has mortgaged a property as security for the performance of an obligation by another person and who performs the obligation on behalf of the debtor to prevent the enforcement of the mortgage, heis entitled to recover from the debtor the amount of the performance. - [II] If the mortgage is enforced, the mortgagor is entitled to recover from the debtor the amount
up towhich the mortgagee has been satisfied by such enforcement.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/94
- Thai translation: P.86/139
《Genealogies》
Section 806.
- When two or more persons have mortgaged their properties as security for the performance of one and the same obligation by another person and no order has been specified, the mortgagor who has performed the obligation or on whose property the mortgage has been enforced, has no right of recourse against the other mortgagors.
- Thai translation: P.86/140
《Genealogies》
Section 807.
- [I] If a person has mortgaged a property as security for the performance of an obligation by another person, and the creditor grants to the debtor an extension of time, the mortgagor in discharged.
- [II] The mortgagor is not discharged if he agreed to the extension of time or if the extension is granted by the Court.
- Thai translation: P.86/140
《Genealogies》
Section 808.
- [I] If a person has mortgaged a property as security for the performance of an obligation by another person, the mortgagor is entitled to tender performance of the obligation to the mortgagee from the time when performance is due.
- [II] If the mortgagee refuses to accept performance, the mortgagor is discharged.
- Thai translation: P.86/141
《Genealogies》
Section 809.
- When several persons have mortgaged their properties as security for the performance of one and the same obligation by another person and an order has been specified, the release granted by the mortgagee to one of the mortgagors discharges the subsequent mortgagors to the extent of the injury suffered by them thereby.
- Thai translation: P.86/141
《Genealogies》
