1924th Book3 Title12 Chapter02

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 XII. Mortgage.

Chapter II. Extent of Mortgage.

Section 796.

• The mortgaged property is security for the performance of the obligation and for the following accessories:
  • (1) Interest, if any.
  • (2) Compensation in case of non-performance of the obligation.
  • (3) Costs of enforcement of the mortgage right of mortgage.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/91

- Decision of the High Committee, 2nd October, P.42/43

- Thai translation: P.86/137

《Genealogies》

1. Draft of 1919: Ob.729
2. Code of January 1925: 715
3. Code of January 1929: 715

Section 797.

• The mortgage right of mortgage, even after part performance, extends to all the properties mortgaged and to the whole of each of them even after part performance.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/91

- Thai translation: P.86/137

《Genealogies》

1. Draft of 1919: Ob.730
2. Code of January 1925: 716
3. Code of January 1929: 716

Section 798.

• [I] When If the mortgaged property is divided into parcels, the mortgage rights of mortgage continues notwithstanding to extend to each and all of them such percels.
• [II] However, one any parcel may be transferred free of any mortgage right of mortgage with the consent of the mortgagee. Such consent or order can may not be set up against the a buyer of the mortgagee's right unless it has been registered.

- Commission of Codification, 27th Feb.. 1922, P.40/122

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/92

- Thai translation: P.86/137

《Genealogies》

1. Draft of 1919: Ob.731
2. Code of January 1925: 717
3. Code of January 1929: 717

Section 799.

• The mortgage right of mortgage extends to all things which are so connected with the mortgaged property as to form one thing with it, subject, however, to the restrictions contained in provided by the three following Sections.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/92

- Thai translation: P.86/138

《Genealogies》

1. Draft of 1919: Ob.732
2. Code of January 1925: 718
3. Code of January 1929: 718

Section 800.

• [I] The A mortgage right of mortgage on a over land does not extend to the buildings erected by the mortgagor upon such land it after the time date of the mortgage unless there is in the contract a special clause to that effect.
• [II] However, in any case, the mortgagee can have such buildings sold with the land, but his preferential right does not extend to the increase of value derived from the buildings.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/92

- Thai translation: P.86/138

《Genealogies》

1. Draft of 1919: Ob.733
2. Code of January 1925: 719
3. Code of January 1929: 719

Section 801.

• The A mortgage right of mortgage over buildings erected or construction made by a person upon or under another's land does not extend to such that land, and vice versa.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/93

- Thai translation: P.86/138

《Genealogies》

1. Draft of 1919: Ob.734
2. Code of January 1925: 720
3. Code of January 1929: 720

Section 802.

• The A mortgage right of mortgage does not extend to the fruits, interests and profits of the mortgaged property except after the time when the mortgagee has notified the mortgagor or the transferee of his intention to enforce the mortgage.

- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/93

- Thai translation: P.86/138

《Genealogies》

1. Draft of 1919: Ob.735
2. Code of January 1925: 721
3. Code of January 1929: 721