2471th Sec 0499: Difference between revisions
From Thai Codification Codes of 1925
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=== '''[[2471th_Main_Page#ลักษณัะ_๑_ซื้อขาย|ลักษณะ ๑ ซื้อขาย]]''' === | === '''[[2471th_Main_Page#ลักษณัะ_๑_ซื้อขาย|ลักษณะ ๑ ซื้อขาย]]''' === | ||
==== หมวด ๔ การซื้อขายเฉภาะบางอย่าง ==== | ==== [[2471th_Main_Page#หมวด_๔_การซื้อขายเฉภาะบางอย่าง|หมวด ๔ การซื้อขายเฉภาะบางอย่าง]] ==== | ||
===== [[2471th_Book3_Chapter01_Title04_Part01|'''ส่วนที่ ๑ ขายฝาก''']] ===== | ===== [[2471th_Book3_Chapter01_Title04_Part01|'''ส่วนที่ ๑ ขายฝาก''']] ===== | ||
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# Swiss Code (1911): | # Swiss Code (1911): | ||
# Jp. Code (1896): '''''[[1896ja_Book3_Chapter02_Title03_Part03#Article_579.|579]]''''' | # Jp. Code (1896): '''''[[1896ja_Book3_Chapter02_Title03_Part03#Article_579.|579]]''''' | ||
# English Law : | # English Law: | ||
# Miscellaneous: It.1528 | # Miscellaneous: It.1528 | ||
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** [II] In case of doubt the price at which the sale has been made is also the price of re-purchase. | ** [II] In case of doubt the price at which the sale has been made is also the price of re-purchase. | ||
The other | The other relevant sources are as follows: | ||
* French Civil Code (1804), Art.1673; | * French Civil Code (1804), Art.1673; | ||
** [I] The seller who makes use of the covenant of repurchase, must reimburse not only the principal price, but also the expenses and lawful costs of the sale, the necessary repairs, and those which hate augmented the value of the estate, up to the amount of such augmentation. He cannot enter into possession until after having satisfied all these obligations. | ** [I] The seller who makes use of the covenant of repurchase, must reimburse not only the principal price, but also the expenses and lawful costs of the sale, the necessary repairs, and those which hate augmented the value of the estate, up to the amount of such augmentation. He cannot enter into possession until after having satisfied all these obligations. | ||
** [II] Where the seller re-enters into his estate by virtue of the covenant of redemption, he takes it exempt from all the charges and mortgages with which the purchaser has encumbered it; he is bound to execute leases made without fraud by the purchaser. | ** [II] Where the seller re-enters into his estate by virtue of the covenant of redemption, he takes it exempt from all the charges and mortgages with which the purchaser has encumbered it; he is bound to execute leases made without fraud by the purchaser. | ||
* Japanese Civil Code (1896, 98), Art. 579; | |||
** The seller of an immovable may, in accordance with a special contract for re-purchase concluded at the same time as the contract of sale, rescind the sale on returning the purchase money and the expenses of the contract paid by the purchaser. But the fruits of the immovable and the interest on the purchase money are regarded as having been set off against each other unless the parties have expressed a special intention. | |||
Latest revision as of 14:11, 7 August 2026
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มาตรา 499
- สินไถ่นั้น ถ้าไม่ได้กำหนดกันไว้ว่าเท่าใดไซร้ ท่านให้ไถ่ตามราคาที่ขายฝาก
Section 499. (Draft in English from Vol.93)
- If no price of redemption is fixed, the property may be redeemed by reimbursing the price of the sale.
《Genealogies》
《References》
☆ quoted from “INDEX” (→Original Table in Vol.54) with supplementary entries in […]
- Fr. Code (1804): 1673[(I)]
- Gr. Code (1896): * 497[(II)]
- Swiss Code (1911):
- Jp. Code (1896): 579
- English Law:
- Miscellaneous: It.1528
《Comments》
The most plausible model for this section would be:
- German Civil Code (1896), Sec.497;
- [I] If a seller, in a contract of sale, has reserved to himself the right of re-purchase, the re-purchase is effected by a declaration made by the seller to the purchaser that he exercises his right of re-purchase. The declaration need not be in the form prescribed for the contract of sale.
- [II] In case of doubt the price at which the sale has been made is also the price of re-purchase.
The other relevant sources are as follows:
- French Civil Code (1804), Art.1673;
- [I] The seller who makes use of the covenant of repurchase, must reimburse not only the principal price, but also the expenses and lawful costs of the sale, the necessary repairs, and those which hate augmented the value of the estate, up to the amount of such augmentation. He cannot enter into possession until after having satisfied all these obligations.
- [II] Where the seller re-enters into his estate by virtue of the covenant of redemption, he takes it exempt from all the charges and mortgages with which the purchaser has encumbered it; he is bound to execute leases made without fraud by the purchaser.
- Japanese Civil Code (1896, 98), Art. 579;
- The seller of an immovable may, in accordance with a special contract for re-purchase concluded at the same time as the contract of sale, rescind the sale on returning the purchase money and the expenses of the contract paid by the purchaser. But the fruits of the immovable and the interest on the purchase money are regarded as having been set off against each other unless the parties have expressed a special intention.
