Sec 0350

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

1. Old Text (1923):
2. Jp. Code (1896,98): * 514
3. Gr. Code (1896): 414 - 419
4. 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 discharge 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.