2468th Sec 0255

๑. บุริมสิทธิสามัญ

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มาตรา 255

• บุริมสิทธิในมูลค่าปลงศพนั้น ใช้สำหรับเอาค่าใช้จ่ายในการปลงศพตามควรแก่ฐานานุรูปของลูกหนี้

Section 255. (Draft in English from Vol.79)

• The preferential right on account of funeral expenses is for such funeral expenses as are accordant to the station in life of the debtor.

《References》

☆ quoted from “INDEX” with supplementary entries in […]: Images in Archives

1. Old Text (1923): [397]
2. Jp. Code (1896,98): * 308 par.1
3. Gr. Code (1896):
4. Miscellaneous: Arg.3914 [=3914 No.1]

《Comments》

The most plausible model for this section would be;

• Japanese Civil Code (1896/98), Art.308;
  • [I] The preferential right for funeral expenses exists with regard to such funeral expenses as are suitable to the social standing and position enjoyed by the debtor during his life.
  • [II] The preferential right of the preceding Paragraph equally exists with regard to the expenses of a funeral incurred for a relative who the debtor is bound to support or a member of the household according to his or her social standing.

The other miscellaneous source is as follows:

• Civil Code of Argentina (1871), Art.3914;
  • Credits privileged on all movables in general, are the following:
    • 1. The funeral charges, in proportion to the standing and means of the debtor. These comprise the expenditures rendered necessary on the occasion of the death and the interment of the debtor and the customary religious services; the funeral expenses of the children who lived with him and the mourning expenses of the widow and children, when they have no property of their own from which to meet them.
    • 2. The expenses of the last illness during six months.
    • 3. The wages of servants and employees for six months, and the wages of day laborers for three months.
    • 4. The support furnished the debtor and his family during the last six months. The periods mentioned in the preceding subdivisions are those next preceding the death, or the attachment of the movable property of the debtor.
    • 5. Credits in favor of the Public Treasury or of the Municipalities, on account of public taxes.