2471th Sec 0500: Difference between revisions
From Thai Codification Codes of 1925
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# Swiss Code (1911): | # Swiss Code (1911): | ||
# Jp. Code (1896): '''''[[1896ja_Book3_Chapter02_Title03_Part03#Article_583.|[583]]]''''' | # Jp. Code (1896): '''''[[1896ja_Book3_Chapter02_Title03_Part03#Article_583.|[583]]]''''' | ||
# English Law : | # English Law: | ||
# Miscellaneous: It.1528 | # Miscellaneous: It.1528 | ||
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** [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. | ||
The other relevant sources are as follows: | |||
* German Civil Code (1896), Sec. 500; | |||
** The original purchaser may demand compensation for outlay which he has incurred on the purchased object before the re-purchase in so far as the value of the object is increased by such outlay. He may remove an attachment with which he has provided the thing to be returned. | |||
* Japanese Civil Code (1896, 98), Art. 583; | |||
** [I] A seller cannot repurchase unless he tenders the purchase money and the expenses of the contract within the period of time fixed. | |||
** [II] If the purchaser or subsequent acquirer has defrayed expenses with regard to the immovable, the seller must reimburse them in accordance with the provisions of Art. 196. But with regard to beneficial expenses, a Court may, on the application of the seller, grant a reasonable period of time for the reimbursement thereof. | |||
Latest revision as of 14:17, 7 August 2026
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มาตรา 500
- ค่าฤชาธรรมเนียมการขายฝากซึ่งผู้ซื้อได้ออกไปนั้น ผู้ไถ่ต้องใช้ให้แก่ผู้ซื้อพร้อมกับสินไถ่
- ส่วนค่าฤชาธรรมเนียมการไถ่ทรัพย์นั้น ผู้ไถ่พึงออกใช้
Section 500. (Draft in English from Vol.93)
- [I] Costs of the sale borne by the buyer must be reimbursed together with the price.
- [II] Costs of redemption are borne by the person who redeems.
《Genealogies》
《References》
☆ quoted from “INDEX” (→Original Table in Vol.54) with supplementary entries in […]
- Fr. Code (1804): * 1673[(I)]
- Gr. Code (1896): [500]
- Swiss Code (1911):
- Jp. Code (1896): [583]
- English Law:
- Miscellaneous: It.1528
《Comments》
The most plausible model for this section would be:
- 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.
The other relevant sources are as follows:
- German Civil Code (1896), Sec. 500;
- The original purchaser may demand compensation for outlay which he has incurred on the purchased object before the re-purchase in so far as the value of the object is increased by such outlay. He may remove an attachment with which he has provided the thing to be returned.
- Japanese Civil Code (1896, 98), Art. 583;
- [I] A seller cannot repurchase unless he tenders the purchase money and the expenses of the contract within the period of time fixed.
- [II] If the purchaser or subsequent acquirer has defrayed expenses with regard to the immovable, the seller must reimburse them in accordance with the provisions of Art. 196. But with regard to beneficial expenses, a Court may, on the application of the seller, grant a reasonable period of time for the reimbursement thereof.
