2471th Sec 0499
From Thai Codification Codes of 1925
← Previous Section | Next Section →
มาตรา 499
- สินไถ่นั้น ถ้าไม่ได้กำหนดกันไว้ว่าเท่าใดไซร้ ท่านให้ไถ่ตามราคาที่ขายฝาก
Section 499. (Draft in English from Vol.93)
- If no price of redemption is fixed, the property may be redeemed by reimbursing the price of the sale.
《Genealogies》
《References》
☆ quoted from “INDEX” with supplementary entries in […]
- Fr. Code (1804): 1673[(I)]
- Gr. Code (1896): * 497[(II)]
- Swiss Code (1911):
- Jp. Code (1896): 579
- English Law :
- Miscellaneous: It.1528
《Comments》
The most plausible model for this section would be:
- German Civil Code (1896), Sec.497;
- [I] If a seller, in a contract of sale, has reserved to himself the right of re-purchase, the re-purchase is effected by a declaration made by the seller to the purchaser that he exercises his right of re-purchase. The declaration need not be in the form prescribed for the contract of sale.
- [II] In case of doubt the price at which the sale has been made is also the price of re-purchase.
The other source is as follows:
- 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.
