1924th Book3 Title12 Chapter04
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".
Section 810.
- In case of non-performance, the mortgagee is entitled to have the mortgage enforced in the manner described in the following sections.
- Thai translation: P.86/141
《Genealogies》
- Draft of 1919: Ob.743
- Code of January 1925: -
- Code of January 1929: -
Section 811.
- The mortgagee must first notify the debtor
by registered letterin writing to perform his obligation within a reasonable time to be fixed in the notice. If the debtor fails to comply with such notice, the mortgageecanmay apply to the Court for an order, either:- (1)
either orderingdirecting that the property mortgaged be seized and soldbyat public auction; or - (2) transfering to him the ownership of the mortgaged property.
- (1)
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/94
- Decision of the High Revising Committee, 9th October 1923, P.42/44
- Thai translation: P.86/142
《Genealogies》
Section 812.
- The Court shall not issue an order transferring the property to the creditor when :
- (1) the debtor has failed to pay interest
sfor less than five years; or - (2) the mortgagor has satisfied the Court that the value of the property
overcoversis greater than the amount due; or - (3) there are other registered mortgages or preferential rights on the same property.
- (1) the debtor has failed to pay interest
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/94
- Thai translation: P.86/142
《Genealogies》
Section 813.
- When one and the same property is mortgaged to several mortgagees, they rank according to the respective dates and hours of registration, and the earlier mortgagee shall be satisfied before the later one.
- Thai translation: P.86/142
《Genealogies》
Section 814.
- A later mortgagee cannot enforce his right to the injury of an earlier one.
- Thai translation: P.86/143
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Section 815.
- The nett proceeds of the auction shall be distributed to the mortgagees according to their ranks, and the surplus, if any, shall be delivered to the mortgagor.
- Thai translation: P.86/143
《Genealogies》
Section 816.
- If the estimated value of the property, in case of transfer, is, or the nett proceeds, in case of auction, are less than the amount due, the debtor of the obligation remains liable for the difference.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/95
- Thai translation: P.86/143
《Genealogies》
Section 817.
- If a mortgage extends to several properties and no order has been fixed, the mortgagee
canmay enforce his right upon such of them as he may select, provided that he does not do so upon more properties than is necessary for the satisfaction of his right.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/95
- Thai translation: P.86/143
《Genealogies》
Section 818.
- The mortgagee who intends to enforce the mortgage against the transferee of a mortgaged property must notify the transferee
by registered letterin writing of his intention one month before applying to the Court.
- Decision of the High Revising Committee, 9th October 1923, P.42/45
- Thai translation: P.86/145
《Genealogies》
