1924th Book3 Title12 Chapter06
From Thai Codification Codes of 1925
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 831.
- A contract of mortgage is extinguished:
- (1) by the total loss, or expropriation, of the mortgaged property;
- (2) by the extinction of the obligation secured;
- (3) by the release of the mortgage granted in writing to the mortgagor;
- (4) by the discharge of the mortgagor;
- (5) by the removal of the mortgage;
- (6) by the auction sale of the mortgaged property by order of the Court;
- (7) by the transfer of the ownership of the mortgaged property to the mortgagee.
- Thai translation: P.86/151
《Genealogies》
Section 832.
- The mortgagee
canmay enforce the mortgage even after the obligation secured has been extinguished by prescription, butthearrears of interest on the mortgage cannot be enforced for more than five years.
- Collaboration of Dr.James, 2nd instalment, August 1923, P.41/97
- Thai translation: P.86/151
《Genealogies》
Section 833.
- When a contract of mortgage is extinguished, the owner of the property concerned is entitled to have such extinction registered by the competent official.
- Thai translation: P.86/152
《Genealogies》
Section 834.
- [I] The mortgagor is entitled to have any part performance, or any discharge, or any agreement reducing the number of the mortgaged properties or the amount of the obligation secured, registered by the competent official.
- [II] Any such part performance, discharge, or agreement, cannot be set up against the buyer of the mortgagee's right unless it has been registered.
- Thai translation: P.86/152
《Genealogies》
