Sec 0350: Difference between revisions
From Thai Codification Codes of 1925
No edit summary Tag: Reverted |
No edit summary |
||
| (One intermediate revision by the same user not shown) | |||
| Line 17: | Line 17: | ||
** A novation by a change of the debtor may be effected by a contract between the creditor and the new debtor, but this cannot be done against the will of the old (original) debtor. | ** A novation by a change of the debtor may be effected by a contract between the creditor and the new debtor, but this cannot be done against the will of the old (original) debtor. | ||
The other miscellaneous sources are as follows: | The other miscellaneous sources are as follows: | ||
* French Civil Code (1804), Arts. 1274, 1275, and 1277; | * French Civil Code (1804), Arts.1274, 1275, and 1277; | ||
** Art.1274; | ** Art.1274; | ||
*** Novation by the substitution of a new debtor, may be effected without the concurrence of the first. | *** Novation by the substitution of a new debtor, may be effected without the concurrence of the first. | ||
** Art.1275; | ** Art.1275; | ||
*** The delegation by which a debtor gives to a creditor another debtor who binds himself towards the creditor, does not operate novation, if the creditor has not expressly declared that he intended to | *** The delegation by which a debtor gives to a creditor another debtor who binds himself towards the creditor, does not operate novation, if the creditor has not expressly declared that he intended to dis- , charge his debtor who has made the delegation. | ||
** Art.1277; | ** Art.1277; | ||
*** [I] The simple indication made by the debtor, of a person who is to pay in his place, does not operate novation. | *** [I] The simple indication made by the debtor, of a person who is to pay in his place, does not operate novation. | ||
*** [II] The same rule applies to the simple indication made by the creditor, of a person who is to receive for him. | *** [II] The same rule applies to the simple indication made by the creditor, of a person who is to receive for him. | ||
Latest revision as of 14:01, 13 July 2025
มาตรา 350
- แปลงหนี้ใหม่ด้วยเปลี่ยนตัวลูกหนี้นั้น จะทำเป็นสัญญาระหว่างเจ้าหนี้กับลูกหนี้คนใหม่ก็ได้ แต่จะทำโดยขืนใจลูกหนี้เดิมหาได้ไม่
Section 350. (Draft in English from Vol.79)
- A novation by a change of the debtor may be effected by a contract between the creditor and the new debtor, but this cannot be done against the will of the original debtor.
《References》
☆ quoted from “INDEX” with supplementary entries in […]: Images in Archives
- Old Text (1923):
- Jp. Code (1896,98): * 514
- Gr. Code (1896): 414 - 419
- Miscellaneous: Fr.1274 - 1277
《Comments》
The most plausible model for this section would be:
- Japanese Civil Code (1896/98), Art.514;
- A novation by a change of the debtor may be effected by a contract between the creditor and the new debtor, but this cannot be done against the will of the old (original) debtor.
The other miscellaneous sources are as follows:
- French Civil Code (1804), Arts.1274, 1275, and 1277;
- Art.1274;
- Novation by the substitution of a new debtor, may be effected without the concurrence of the first.
- Art.1275;
- The delegation by which a debtor gives to a creditor another debtor who binds himself towards the creditor, does not operate novation, if the creditor has not expressly declared that he intended to dis- , charge his debtor who has made the delegation.
- Art.1277;
- [I] The simple indication made by the debtor, of a person who is to pay in his place, does not operate novation.
- [II] The same rule applies to the simple indication made by the creditor, of a person who is to receive for him.
- Art.1274;
