1924th Book3 Title12 Chapter02
BOOK III ON SPECIFIC CONTRACTS. (April 1924)
- Reconstructed from the Documents in Vols. 86, 87, 88, and 89 of “The Archives of the History of Thai Codification”.
- For the details, please, refer to the "Introductory Notes" to the "Reconstructed Book III on Specific Contracts".
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.
- (1) Interest
- 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》
Section 797.
- The mortgage right
of mortgage, even after part performance, extends to all the properties mortgaged and to the whole of each of themeven after part performance.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/91
- Thai translation: P.86/137
《Genealogies》
Section 798.
- [I]
WhenIf the mortgaged property is divided into parcels, the mortgage rightsof mortgagecontinues notwithstanding to extend to each and all ofthemsuch percels. - [II] However,
oneany parcel may be transferred free ofanymortgage rightof mortgagewith the consent of the mortgagee. Such consentor order canmay not be set up againstthea 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》
Section 799.
- The mortgage right
of mortgageextends to all things which are so connected with the mortgaged property as to form one thing with it, subject, however, to the restrictions contained inprovided bythe three following Sections.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/92
- Thai translation: P.86/138
《Genealogies》
Section 800.
- [I]
TheA mortgage rightof mortgage on aover land does not extend to the buildings erected by the mortgagor upon such landitafter thetimedate 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》
Section 801.
TheA mortgage rightof mortgageover buildings erected or construction madeby a personupon or under another's land does not extend to suchthatland, and vice versa.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/93
- Thai translation: P.86/138
《Genealogies》
Section 802.
TheA mortgage rightof mortgagedoes not extend to the fruits, interests and profits of the mortgaged property except afterthe time whenthe 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》
