1924th Book3 Title11 Chapter01

DRAFT: CIVIL AND COMMERCIAL CODE FOR KINGDOM OF SIAM. (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. 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".

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TITLE XI. Suretyship.

Chapter I. General Provisions.

Section 753.

• A contract of suretyship is a contract whereby a person, called surety, agrees to perform an obligation in case the debtor does not perform it.

《Genealogies》

1. Draft of 1919: Ob.687
2. Code of January 1925: 680
3. Code of January 1929: 680

Section 754.

• A contract of suretyship may guarantee any obligation even unconditional or future.

《Genealogies》

1. Draft of 1919: Ob.688
2. Code of January 1925: 681
3. Code of January 1929: 681

Section 755.

• A contract of suretyship is void or voidable according as to whether the obligation secured is void or voidable.

《Genealogies》

1. Draft of 1919: Ob.689
2. Code of January 1925: -
3. Code of January 1929: -

Section 756.

• An obligation which is voidable owing to one of the parties being incapacitated may be guaranteed by suretyship if it appears from the contract or from the circumstances of the case that the surety agreed to guarantee the creditor against the consequences of the want of capacity.

《Genealogies》

1. Draft of 1919: Ob.690
2. Code of January 1925: 681
3. Code of January 1929: 681

Section 757.

• Suretyship may be given for a limited period of time or for a series of transactions.

《Genealogies》

1. Draft of 1919: Ob.691
2. Code of January 1925: -
3. Code of January 1929: -

Section 758.

• A person can may agree to be surety for another surety.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/89

- Thai translation: P.86/123

《Genealogies》

1. Draft of 1919: Ob.692
2. Code of January 1925: 682
3. Code of January 1929: 682

Section 759.

• The suretyship covers interest and compensation due by the debtor on account of the obligation and all charges accessory to it.

《Genealogies》

1. Draft of 1919: Ob.693
2. Code of January 1925: 683
3. Code of January 1929: 683

Section 760.

• The surety is liable for the costs of action to be paid by the debtor to the creditor, but he is not liable for such costs if the action was entered without first demanding performance from him.

《Genealogies》

1. Draft of 1919: Ob.694
2. Code of January 1925: 684
3. Code of January 1929: 684

Section 753.

• A contract of suretyship is a contract whereby a person, called surety, agrees to perform an obligation in case the debtor does not perform it.

- Thai translation: P.86/121

《Genealogies》

1. Draft of 1919: Ob.687
2. Code of January 1925: 680
3. Code of January 1929: 680

Section 754.

• A contract of suretyship may guarantee any obligation even unconditional or future.

- Thai translation: P.86/121

《Genealogies》

1. Draft of 1919: Ob.688
2. Code of January 1925: 681
3. Code of January 1929: 681

Section 755.

• A contract of suretyship is void or voidable according as to whether the obligation secured is void or voidable.

- Thai translation: P.86/121

《Genealogies》

1. Draft of 1919: Ob.689
2. Code of January 1925: -
3. Code of January 1929: -

Section 756.

• An obligation which is voidable owing to one of the parties being incapacitated may be guaranteed by suretyship if it appears from the contract or from the circumstances of the case that the surety agreed to guarantee the creditor against the consequences of the want of capacity.

- Thai translation: P.86/121

《Genealogies》

1. Draft of 1919: Ob.690
2. Code of January 1925: 681
3. Code of January 1929: 681

Section 757.

• Suretyship may be given for a limited period of time or for a series of transactions.

- Thai translation: P.86/123

《Genealogies》

1. Draft of 1919: Ob.691
2. Code of January 1925: -
3. Code of January 1929: -

Section 758.

• A person can may agree to be surety for another surety.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/89

- Thai translation: P.86/123

《Genealogies》

1. Draft of 1919: Ob.692
2. Code of January 1925: 682
3. Code of January 1929: 682

Section 759.

• The suretyship covers interest and compensation due by the debtor on account of the obligation and all charges accessory to it.

- Thai translation: P.86/123

《Genealogies》

1. Draft of 1919: Ob.693
2. Code of January 1925: 683
3. Code of January 1929: 683

Section 760.

• The surety is liable for the costs of action to be paid by the debtor to the creditor, but he is not liable for such costs if the action was entered without first demanding performance from him.

- Thai translation: P.86/123

《Genealogies》

1. Draft of 1919: Ob.694
2. Code of January 1925: 684
3. Code of January 1929: 684

Section 761.

• If, on enforcement of the contract of suretyship, the surety does not perform the whole of the obligation of the debtor, together with interest, compensation and accessories, the debtor remains liable to the creditor for the surplus.

- Thai translation: P.86/124

《Genealogies》

1. Draft of 1919: Ob.695
2. Code of January 1925: 685
3. Code of January 1929: 685

Section 762.

• A debtor may, instead of furnishing a surety for the guarantee of his obligation, furnish real security.

- Committee of Redaction, 20th October 1923, P.42/40

- Thai translation: P.86/124

《Genealogies》

1. Draft of 1919: -
2. Code of January 1925: -
3. Code of January 1929: -