1924th Book3 Title12 Chapter05: Difference between revisions
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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"'']'''. | ||
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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 819.
- The transferee of a mortgaged property may remove the mortgage, provided that he
beis not the principal debtor, a surety or an heir of either of them.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/95
- Thai translation: P.86/145
《Genealogies》
Section 820.
- The transferee may remove the mortgage at any time
until, but ifor within one month afterhe has been notified by the mortgagee of his intention to enforce the mortgage, he must do so within one month thereafter.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/95
- Thai translation: P.86/145
《Genealogies》
Section 821.
- The transferee who wishes to remove the mortgage must offer to all the registered creditors to pay such sum of money as he thinks fit.
- Thai translation: P.86/145
《Genealogies》
Section 822.
- [I]
The form of theSuch offermay be made toshall contain the following particulars :- (1) the place and description of the mortgaged property,
- (2) the date of transfer of ownership,
- (3) the name of the former owner,
- (4) the name and residence of the transferee,
- (5) the sum offered,
- (6) a calculation of the total amount due to each of the creditors including accessories, and of the sums which would be distributed to them according to their respective ranks.
- [II] A certified copy of the entries in the official register referring to the property mortgaged
willshall be enclosed.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/96
- Thai translation: P.86/147
《Genealogies》
Section 823.
- If all the creditors accept the offer, the mortgages, and preferential rights, if any, are removed by the payment of the sum offered.
- Thai translation: P.86/147
《Genealogies》
- Draft of 1919: Ob.756
- Code of January 1925: -
- Code of January 1929: -
Section 824.
- [I] If a creditor refuses the offer, he is entitled to apply to the Court within one month from the date of the offer, for an order to have the mortgaged property sold
byat public auction, provided that he notifies his refusal to the transferee and to the other registered creditors. - [II] The transferee
canmay bid at the auction.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/96
- Thai translation: P.86/148
《Genealogies》
Section 825.
- If the nett proceeds of the auction are not more than the sum offered by the transferee, the creditor demanding sale shall bear the costs of the auction.
- Thai translation: P.86/148
《Genealogies》
Section 826.
- If a creditor does not answer the offer of the transferee within one month from the date of the offer, the mortgage or preferential right is removed by the transferee depositing in lieu of performance the sum offered to such creditor.
- Thai translation: P.86/148
《Genealogies》
Section 827.
- If the transferee who has been notified by the mortgagee of his intention to enforce the mortgage does not either perform the obligation or remove the mortgage, the mortgage is
enforcedenforceable against him in the same manner as if itwere towould be enforced against the mortgagor.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/96
- Thai translation: P.86/148
《Genealogies》
Section 828.
- Any right over the mortgaged property existing in favour of the transferee before the transfer and extinguished by merger in consequence of the transfer, shall revive in his favour when the enforcement or the removal of the mortgage results in the transfer of the ownership to another person.
- Thai translation: P.86/179
《Genealogies》
- Draft of 1919: Ob.761
- Code of January 1925: -
- Code of January 1929: -
Section 829.
- In case of enforcement or removal of mortgage, if the value of the mortgaged property has been reduced by the fault of the transferee, such transferee
heis liable to pay compensation to the mortgageeup to the extent ofnot exceeding the damages resulting from of the injury suffered byhimthe mortgageetherebytherefrom.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/96
- Thai translation: P.86/179
《Genealogies》
Section 830.
- In case of enforcement or removal of a mortgage, if the value of the mortgaged property has been increased by the transferee, he is entitled to reimbursement of his expenses therefor out of the proceeds of the sale
up tonot exceeding the amount ofthesuch increaseof valueexisting at the time of the auction.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/97
- Thai translation: P.86/179
《Genealogies》
