2468th Sec 0350

ส่วนที่ ๔ แปลงหนี้ใหม่

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มาตรา 350

• แปลงหนี้ใหม่ด้วยเปลี่ยนตัวลูกหนี้นั้น จะทำเป็นสัญญาระหว่างเจ้าหนี้กับลูกหนี้คนใหม่ก็ได้ แต่จะทำโดยขืนใจลูกหนี้เดิมหาได้ไม่

Section 350. (Draft in English from Vol.79)

• A novation by a change of the debtor may be effected by a contract between the creditor and the new debtor, but this cannot be done against the will of the original debtor.

《References》

☆ quoted from “INDEX” with supplementary entries in […]: Images in Archives

1. Old Text (1923):
2. Jp. Code (1896,98): * 514
3. Gr. Code (1896): 414 - 419
4. Miscellaneous: Fr.1274 - 1277

《Comments》

The most plausible model for this section would be:

• Japanese Civil Code (1896/98), Art.514;
  • A novation by a change of the debtor may be effected by a contract between the creditor and the new debtor, but this cannot be done against the will of the old (original) debtor.

The other miscellaneous sources are as follows:

• French Civil Code (1804), Arts.1274, 1275, and 1277;
  • Art.1274;
    • Novation by the substitution of a new debtor, may be effected without the concurrence of the first.
  • Art.1275;
    • The delegation by which a debtor gives to a creditor another debtor who binds himself towards the creditor, does not operate novation, if the creditor has not expressly declared that he intended to dis- , charge his debtor who has made the delegation.
  • Art.1277;
    • [I] The simple indication made by the debtor, of a person who is to pay in his place, does not operate novation.
    • [II] The same rule applies to the simple indication made by the creditor, of a person who is to receive for him.