1896de Book3 Chapter08 Title02 Part01
From Thai Codification Codes of 1925
- Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]
- Original Version in German.
Book III. Low of Things.
Chapter VIII. Hypotheca. Land Charge. Annuity Charge.
Title II. Land Charge. Annuity Charge.
Part I. Land Charge.
- [I] A piece of land may be charged in such manner that a specified sum of money is to be paid out of the land to the person in whose favour the charge is made (i.e., a land charge).
- [II] The charge may also be made in such manner that interest upon the sum of money, as well as other accessory payments, is to be paid out of the land.
- [I] The provisions relating to hypothecas apply mutatis mutandis to land charges, except in so far as a contrary intention appears from the fact that a land charge does not presuppose a claim.
- [II] The provisions relating to interest on a hypothecary claim apply to interest on a land charge.
- [I] The principal of a land charge does not become due until after notice has been given. Both the owner and the creditor have the right to give notice. The term of notice is six months.
- [II] Different provisions are permissible.
- The payment of the principal as well as of interest and other accessory payments shall be made, unless otherwise provided, in the place where the land registry office is situated.
- A land charge may be granted in such a manner that the certificate of land charge is drawn to bearer. The provisions relating to obligations to bearer apply mutatis mutandis to such a certificate.
- [I] A land charge may also be granted to the owner.
- [II] For the grant of such a land charge, a declaration communicated by the owner to the land registry office to the effect that the land charge is to be registered in his name in the land register, and the registration are necessary; the provision of 878 applies.
- [I] If the owner is the creditor, he may not levy compulsory execution for the purpose of satisfaction.
- [II] Interest is due to the owner only if the land is judicially attached upon the application of another person for the purpose of compulsory management, and only for the time of the compulsory management.
- A hypotheca may be converted into a land charge, and vice versa. The consent of persons having rights of equal or subsequent rank is not necessary.
