1924th Book3 Title12 Chapter03

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (April 1924)

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".

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TITLE XII. Mortgage.

Chapter III. Rights and Duties of Mortgagee and Mortgagor.

Section 803.

• <No agreement entered after the time of the mortgage creating servitudes or other real rights>[No servitude or other real right created by agreement or will] upon the mortgaged property [by] which <depreciates>[the value of] the property [is depreciated and which is registered after the registration of the mortgate] <, can>[may] be set up against the mortgagee unless he has agreed to it.

《Genealogies》

1. Draft of 1919: Ob.736
2. Code of January 1925: 722
3. Code of January 1929: 722

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 <can>[may] enforce <at once> the mortgage [at once], unless <there is no fault of> the mortgagor [has not been at fault] and <the latter> offers either to mortgage another property of sufficient value or to repair the damage within a reasonable time.

《Genealogies》

1. Draft of 1919: Ob.737
2. Code of January 1925: 723
3. Code of January 1929: 723

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.
• [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.

《Genealogies》

1. Draft of 1919: Ob.738
2. Code of January 1925: 724
3. Code of January 1929: 724

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.

《Genealogies》

1. Draft of 1919: Ob.739
2. Code of January 1925: 725
3. Code of January 1929: 725

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.

《Genealogies》

1. Draft of 1919: Ob.740
2. Code of January 1925: 727
3. Code of January 1929: 727

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.

《Genealogies》

1. Draft of 1919: Ob.741
2. Code of January 1925: 727
3. Code of January 1929: 727

Section 809.

• When several persons have [separately] 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.

《Genealogies》

1. Draft of 1919: Ob.742
2. Code of January 1925: 726
3. Code of January 1929: 726