Section 194. (from Vol.79)

By virtue of an obligation the creditor is entitled to claim performance from the debtor. The performance may consist in a forbearance.

Section 195. (from Vol.79)

I.

When the thing which forms the subject of an obligation is described only in kind, if its quality cannot be determined by the nature of the juristic act or the intention of the parties, the debtor must deliver a thing of medium quality.

II.

If the debtor has done every thing required on his part for the delivery of such thing, or if he on obtaining the consent of the creditor has designated a thing for delivery, such thing becomes from that time the subject of the obligation.

Section 196. (from Vol.79)

I.

If a money debt is expressed in a foreign currency, payment may be made in Siamese currency.

II.

The commutation is made according to the rate of exchange current in the place of payment at the time of payment.

Section 197. (from Vol.79)

If a money debt is payable in a specific kind of money which is no longer current at the time of payment, the payment shall be as if the kind of money were not specified.

Section 198. (from Vol.79)

If several acts of performance are due in such manner that only one of them is to be done, the right to elect belongs to the debtor unless otherwise stipulated.

Section 199. (from Vol.79)

I.

The election is made by a declaration of intention to the other party.

II.

The performance elected is deemed to be the only one due from the beginning.

Section 200. (from Vol.79)

I.

If the election is to be made within a period of time, and the party who has the right of election does not exercise it within such period, the right of election passes to the other party.

II.

If no period of time was fixed, when the obligation becomes due, the party who has not the right of election can notify the other party to exercise his right of election within a reasonable time to be fixed in such notice.

Section 201. (from Vol.79)

I.

If a third person is to make the election, it is done by a declaration of intention made to the debtor, who must inform the creditor.

II.

If such third person cannot make the election or is unwilling to do so, the right of election passes to the debtor.

Section 202. (from Vol.79)

If one of the acts of performance is impossible from the beginning, or if it subsequently becomes impossible, the obligation is limited to the other act of performance. This limitation does not arise if the performance becomes impossible in consequence of a circumstance for which the party not entitled to elect is responsible.

Section 203. (from Vol.79)

I.

If a time for performance is neither fixed nor to be inferred from the circumstances, the creditor may demand the performance forthwith, and the debtor may perform his part forthwith.

II.

If a time is fixed, it is to be presumed, in case of doubt, that the creditor may not demand the performance before that time; the debtor, however, may perform earlier.

Section 204. (from Vol.79)

I.

If the debtor does not perform after warning given by the creditor after maturity, he is in default through the warning.

II.

If a time by calendar is fixed for the performance, the debtor is in default without warning if he does not perform at the fixed time. The same rule applies if a notice is required to precede the performance, and the time is fixed in such manner that it may be reckoned by the calendar from the time of notice.

Section 205. (from Vol.79)

The debtor is not in default so long as the performance is not effected in consequence of a circumstance of a circumstance for which he is not responsible.

Section 206. (from Vol.79)

In obligations arising from an unlawful act, the debtor is in default from the time when he committed it.

Section 207. (from Vol.79)

A creditor is in default if, without legal ground, he does not accept the performance tendered to him.

Section 208. (from Vol.79)

I.

The performance must be actually tendered to the creditor in the manner which it is to be effected.

II.

But if the creditor has declared to the debtor that he will not accept performance, or if for effecting the performance an act of the creditor is necessary, it is sufficient for the debtor to give him notice that all preparations for performance have been made and that it is for him to accept it. In such cases the notice by the debtor is equivalent to a tender.

Section 209. (from Vol.79)

If a time certain is fixed for the act to be done by the creditor, tender is required only if the creditor does the act in due time.

Section 210. (from Vol.79)

If the debtor is bound to perform his part only upon counter performance by the creditor, the creditor is in default if, though prepared to accept the performance tendered, he does not offer the required counter-performance.

Section 211. (from Vol.79)

A creditor is not in default if the debtor is not in a position to effect the performance at the time of tender, or, in the case provided by Section 209, at the time fixed for the act of the creditor.

Section 212. (from Vol.79)

If the time of performance is not fixed, or if the debtor is entitled to perform before the fixed time, the creditor is not in default by reason of the fact that he is temporarily prevented from accepting the tendered performance, unless the debtor has given him notice of this intended performance a reasonable time beforehand.

Section 213. (from Vol.79)

I.

If a debtor fails to perform his obligation, the creditor may make a demand to the Court for compulsory performance, except where the nature of the obligation does not permit it.

II.

When the nature of an obligation does not permit of compulsory performance, if the subject of the obligation is the doing of an act, the creditor may apply to the Court to have it done by a third person at the debtor's expense; but if the subject of the obligation is doing of a juristic act, a judgment may be substituted for a declaration of intention by the debtor.

III.

As to an obligation whose subject is the forbearance from an act , the creditor may demand the removal of what has been done at the expense of the debtor and have proper measures adopted for the future.

IV.

The provisions of the foregoing paragraphs do not affect the right to claim damages.

Section 214. (from Vol.79)

The creditor is entitled to have his obligation performed out of the whole of the property of his debtor including any money and other property due to the debtor by third person.

Section 215. (from Vol.79)

When the debtor does not perform the obligation in accordance with the true intent and purpose of the same, the creditor may claim compensation for any damages caused thereby.

Section 216. (from Vol.79)

If by a reason of default, the performance becomes useless to the creditor, he may refuse to accept it and claim compensation for non-performance.

Section 217. (from Vol.79)

A debtor is responsible for all negligence during his default. He is also responsible for impossibility of performance arising accidentally during the default, unless the injury would have arises even if he had performed in due time.

Section 218. (from Vol.79)

I.

When the performance becomes impossible in consequence of a circumstance for which the debtor is responsible, the debtor shall compensate the creditor for any damage arising from the non-performance.

II.

In case of partial impossibility the creditor may, by declining the still possible part of the performance, demand compensation for non-performance of the entire obligation, if the still possible part of performance is useless to him.

Section 219. (from Vol.79)

I.

The debtor is relieved from his obligation to perform if the performance becomes impossible in consequence of a circumstance for which he is not responsible occurring after the creation of the obligation.

II.

If the debtor, after the creation of the obligation, becomes unable to perform, it is equivalent to a circumstance rendering the performance impossible.

Section 220. (from Vol.79)

A debtor is responsible for the fault of his agent, and of person whom he employs in performing his obligation, to the same extent as for his own fault. In such case the provisions of Section 373 have no application.

Section 221. (from Vol.79)

A money debt bearing interest ceases to bear interest during the default of the creditor.

Section 222. (from Vol.79)

I.

The claim of damages is for compensation for all such damage as usually arises from non performance.

II.

The creditor may demand compensation even for such damage as has arisen from special circumstances, if the party concerned foresaw or ought to have foreseen such circumstances.

Section 223. (from Vol.79)

I.

If any fault of the injured party has contributed in causing the injury, the obligation to compensate the injured party and the extent of the compensation to be made depends upon the circumstances, especially upon how far the injury has been caused chiefly by the one or the other party.

II.

This applies also even if the fault of the injured party consisted only in an omission to call the attention of the debtor to the danger of an unusually serious injury which the debtor neither knew nor ought to have known, or in an omission to avert or mitigate the injury. The provisions of Section 220 apply mutatis mutandis.

Section 224. (from Vol.79)

I.

A money dent bears interest during default seven and half percent per annum. If the creditor can demand higher interest on any other legitimate ground, this shall continue to be paid.

II.

Interest for default shall not be paid upon interest.

III.

Proof of further damage is admissible.

Section 225. (from Vol.79)

If the debtor is bound to make compensation for the value of an object which has perished during the default, or which cannot be delivered for a reason which has arisen during the default, the creditor may demand interest, on the amount to be paid as compensation, from the time which serves as the basis for the estimate of the value. The same rule applies if the debtor is bound to make compensation for the diminution in value of an object which has deteriorated during the default.

Section 226. (from Vol.79)

I.

A person who is subrogated to the rights of a creditor is entitled to exercise in his own name all the rights which the creditor had in respect of the obligation including any security for it.

II.

By real subrogation, a property is substituted for another property in the same juristic position as the previous one.

Section 227. (from Vol.79)

When a creditor has received as compensation for damage the full value of the thing or right which is the subject of the obligation, the debtor is, by operation of law, subrogated into the position of the creditor with regard to such thing or right.

Section 228. (from Vol.79)

I.

If, in consequence of the circumstance which makes the performance impossible, the debtor acquires a substitute or a claim for compensation for the object owed, the creditor may demand delivery of the substitute received or may claim for compensation by himself.

II.

If the creditor has a claim for compensation on account of non-performance, the compensation to be made to him is diminished, if he exercises the right specified in the foregoing paragraph, by the value of the substitute received or of the claim for compensation.

Section 229. (from Vol.79)

Subrogation takes place by operation of law and ensues to the benefits of the following persons:

Section 230. (from Vol.79)

I.

If the creditor levies compulsory execution upon an object belonging to the debtor, any person who through the execution incurs danger of losing a right in the object is entitled to satisfying the creditor. The same right belongs to the possessor of a thing if he incurs danger of losing possession through the execution.

II.

If a third person satisfies the creditor he is subrogated of the claim of the latter. Such claim may not be enforced to the detriment of the creditor.

Section 231. (from Vol.79)

I.

If properties mortgaged, pledged or otherwise subject to a preferential right, are insured, the mortgage, pledge or other preferential right extends to the claim against the insurer.

II.

In case of immovable property, the insurer shall not pay the indemnity to the assured until he has given notice of his intention to do so to the mortgagee or other preferred creditor, and has not within one month from such notice received any objection to the payment; provided always that the insurer knew or ought to have known of the mortgage or other preferential rights, however, any right registered in the Land Registry is deemed to be known to the insurer. The same rule shall apply to mortgage of movables allowed by law.

III.

In case of movable property, the insurer may pay the indemnity to the assured direct, unless he knew or ought to have known of the pledge or other preferential right.

IV.

The insurer is not liable to the creditor if the insured property is restored or a substitute for it is provided.

V.

The same rule shall be applied mutatis mutandis in case of expropriation as well as in case of indemnity due to the owner of the property for destruction or damage.

Section 232. (from Vol.79)

If under the foregoing section a sum of money is being substituted for the property destroyed or damaged, such sum shall in no case be delivered to the mortgage, pledge or other preferred creditor before the obligation secured is due, and, if the parties cannot come to an agreement with the debtor, each of them is entitled to demand that the said sum be deposited at the Deposit Office their common benefit unless the debtor gives proper security.

Section 233. (from Vol.79)

If, to the prejudice of the creditor, the debtor refuses or neglects to exercise a claim the creditor may, in order to protect his obligation, exercise such claim in his own name of behalf of the debtor, except those which are purely personal to the debtor.

Section 234. (from Vol.79)

The creditor who exercises a claim belonging to his debtor must summon the debtor to appear in the action.

Section 235. (from Vol.79)

I.

A creditor may exercise a claim belonging to the debtor for the whole amount due to the debtor, without regard to the amount due to him. But the defendant may satisfy the creditor by paying the amount due to him alone, provided that if the original debtor has joined as a plaintiff he may proceed to judgment for the balance.

II.

In any case the creditor cannot obtain more than what is due to him.

Section 236. (from Vol.79)

The defendant may set up against the creditor all defences which he may have against the debtor, excepting those which arose after the entry of the action.

Section 237. (from Vol.79)

I.

The creditor is entitled to claim cancellation by the Court of any juristic act done by the debtor with knowledge that it would prejudice his creditor; but this does not apply if the person enriched by such act did not know, at the time of the act, or the facts which could make it prejudicial to the creditor, provided, however, that in case of gratuitous act the knowledge on the part of the debtor alone is sufficient.

II.

The provisions of the foregoing paragraph do not apply to a juristic act whose subject is not a property right.

Section 238. (from Vol.79)

I.

The cancellation under the foregoing section cannot affect the right of a third person acquired in good faith.

II.

The foregoing paragraph does not apply if the right is acquired gratuitously.

Section 239. (from Vol.79)

Cancellation operates in favour of all the creditors.

Section 240. (from Vol.79)

A claim for cancellation cannot be brought later than one year from the time when the creditor knew of the cause of cancellation, or later than ten years since the act was done.

Section 241. (from Vol.79)

I.

If the possessor of a property belonging to another has an obligation in his favour relating to the property possessed, he may retain the property until the obligation is performed; but this does not apply, if the obligation is not yet due.

II.

The provisions of the forgoing paragraph do not apply, if the possession begins by an unlawful act.

Section 242. (from Vol.79)

The right of retention does not exist if it is incompatible with the obligation assumed by the creditor or with the instructions given by the debtor before or at the time of delivery of the property or if it is against public order.

Section 243. (from Vol.79)

In case of insolvency of the debtor, the creditor has the right of retention even if his claim is not due. If the insolvency has occurred or become known to the creditor after the delivery of the property, he can exercise the right of retention even if an obligation previously assumed by him or the instruction given by the debtor, opposes it.

Section 244. (from Vol.79)

The holder of a right of retention may exercise his right against the whole of the property retained until the obligation is wholly performed.

Section 245. (from Vol.79)

I.

The holder of a right of retention may take the fruits of the property retained and appropriate them to the performance of the obligation in preference to other creditors.

II.

Such fruits must first be appropriated to the interest on the obligation, and if there is any surplus, that must be appropriated to the principal.

Section 246. (from Vol.79)

I.

The holder of a right of retention is bound to take such appropriate care of the property retained as might be expected from him in his situation.

II.

The holder of a right of retention cannot use or let the property retained or give it as security, without the consent of the debtor; but this does not apply to such use as is necessary for the preservation of the property.

III.

If the holder of a right of retention acts contrary to any provision of the foregoing paragraphs, the debtor may claim the extinction of the right.

Section 247. (from Vol.79)

If the holder of a right of retention incurs necessary expenses in respect to the property retained, he may require the owner to reimburse him.

Section 248. (from Vol.79)

Subject to the provisions of Section 189, the exercise f a right of retention does not prevent the running of prescription against the obligation.

Section 249. (from Vol.79)

The debtor may claim the extinction of the right of retention on giving proper security.

Section 250. (from Vol.79)

A right of retention is extinguished by the loss of possession of the property; but this does not apply to the case where the property retained is let or pledged with the consent of the debtor.

Section 251. (from Vol.79)

A holder of a preferential right has according to the provisions of this Code or other laws, a right as to the property of his debtor to receive therefrom performance of an obligation due to him in preference to other creditors.

Section 252. (from Vol.79)

The provisions of Section 243 apply correspondingly to preferential rights.

Section 253. (from Vol.79)

A person in whose favour an obligation exists based upon any of the following grounds has a preferential right in the whole property of the debtor:

Section 254. (from Vol.79)

I.

The preferential right on account of expenses for the common benefit is for expenses incurred for the common benefit of all the creditors in regard to preservation, liquidation or distribution of the debtor's property.

II.

If any such expense was not incurred for the benefit of all the creditors, the preferential right only exists against those creditors for whose benefit it was incurred.

Section 255. (from Vol.79)

The preferential right on account of funeral expenses is for such funeral expenses as are accordant to the station in life of the debtor.

Section 256. (from Vol.79)

The preferential right on account of taxes and rates is for all land, property or other taxes or local rates due from the debtor for the current year and the preceding year.

Section 257. (from Vol.79)

I.

The preferential right on account of wages of any clerk or servant in respect of services rendered to the debtor is for the wages for four months back not exceeding three hundred baht for each clerk or servant.

II.

The preferential right on account of wages of any workman is for the wages for two months back not exceeding [one hundred and] fifty baht for each workman.

Section 258. (from Vol.79)

The preferential right on account of supplies of the daily necessaries is for supplies for six months back of food, drink, light, firewood and charcoal, necessary for the living of the debtor, of members of his family, who live with him and whom he is bound to support, and of his servants.

Section 259. (from Vol.79)

A person in whose favour an obligation exists based upon any of the following grounds has a preferential right in particular movables of the debtor:

Section 260. (from Vol.79)

The preferential right on account of the hiring of an immovable is for the hire of the immovable and for other obligations of the hirer arising from the relation of hiring, and is in the movables of the hirer which are in or on the immovable.

Section 261. (from Vol.79)

I.

The preferential right of the letter of land is in such movables as have been brought by the hirer upon the land hired or into buildings subservient to the use of such land, in such movables as are destined for the use of such land and in such fruits of the land as are in the possession of the hirer.

II.

The preferential right of the letter or a building is in such movables as have been brought into the building by the hirer.

Section 262. (from Vol.79)

If a hirer of immovable property is transferred or sublet, the preferential right of the original letter extends to the movables brought by the transferee or sub-hirer into the property. The same applies to the money which the transferor or the sub-letter is to receive from the transferee or sub-hirer.

Section 263. (from Vol.79)

In case of a general liquidation of the property of the hirer the preferential right of the letter is only for the rent and other obligations of the last preceding, the current and the next following rent period and for such damages as have arisen during the last preceding and the current rent period.

Section 264. (from Vol.79)

If the letter has received security money, he has a preferential right only with regard to that part of his claim which is not covered by the security money.

Section 265. (from Vol.79)

The preferential right on account of lodging in an inn is for what is due to the proprietor for lodging and other services afforded to the traveller or guest in satisfaction of his needs, including disbursements, and is in the luggage or other property of the traveller or guest which is in the inn, hotel or other such place.

Section 266. (from Vol.79)

The letter of an immovable property or the proprietor of an inn, hotel or other such place may enforce his preferential right in the same manner as a pledgee. The provisions of this Code concerning Enforcement of Pledge apply mutatis mutandis.

Section 267. (from Vol.79)

The preferential right on account of carriage is for charges for the carriage of a passenger or goods and for accessory expenses, and is in all goods and luggage in the hands of the carrier.

Section 268. (from Vol.79)

I.

The letter of an immovable, the proprietor of an inn, or the carrier may enforce his preferential right against movables belonging to a third person in the case contemplated in the preceding eight sections, unless he knew in due time that they belong to the third person.

II.

If such movables have been stolen or lost the provisions of the law concerning recovery of possession shall apply.

Section 269. (from Vol.79)

I.

The preferential right on account of the preservation of a movable is for the expense of the preservation of movable, and is in such movable.

II.

The preferential right exists also for necessary expenses incurred for the purpose of having a right relating to a movable preserved, acknowledged or enforced.

Section 270. (from Vol.79)

The preferential right on account of the sale of a movable is for the price and interest thereon, and is in such movable.

Section 271. (from Vol.79)

The preferential right on account of the supply of seeds, young plants or manure is for the price of seeds, young plants or manure and interest thereon, and is in the fruits which have grown on the land for which those things have been used within one year after their use.

Section 272. (from Vol.79)

The preferential right on account of agricultural and industrial services is as to the person who rendered agricultural service for wages fro one year back, and as to a person who rendered industrial services for wages for three months back, and is in the fruits or manufactured things produced by his service.

Section 273. (from Vol.79)

A person in whose favour an obligation exists based upon any of the following grounds has a preferential right in a particular immovable of the debtor:

Section 274. (from Vol.79)

I.

The preferential right on account of the preservation of an immovable is for the expense of preservation of an immovable, and is in such immovable.

II.

In case of the foregoing paragraph the provisions of Section 269 paragraph 2 apply correspondingly.

Section 275. (from Vol.79)

I.

The preferential right on account of the preservation of an immovable is for the expense of preservation of an immovable, and is in such immovable.

II.

In case of the foregoing paragraph the provisions of Section 269 paragraph 2 apply correspondingly.

Section 276. (from Vol.79)

The preferential right on account of the sale of an immovable is for the price and interest thereon, and is in such immovable.

Section 277. (from Vol.79)

I.

When general preferential rights conflict, the rank of their precedence is according to the order in Section 252.

II.

When a preferential right conflicts with a special preferential right, the latter takes precedence; but the preferential rights on account of expenses for the common benefit takes precedence as against all creditors who are benefited thereby.

Section 278. (from Vol.79)

I.

When preferential rights in the same movable conflict, the rank of their precedence is as follows.

II.

If a person who has a preferential right of the first rank knew at the time when he acquired his obligation that other persons had preferential rights of the second or third rank, he cannot exercise his right of precedence against them. The same applies as against a person who has preserved a thing for the benefit of a person having a preferential right of the first rank.

III.

As to fruits, a person who rendered agricultural services has the first rank, a supplier of seeds, young plants or manure the second, and the letter of the land third.

Section 279. (from Vol.79)

I.

When special preferential rights in the same immovable conflict, the rank of their precedence is according to the order in Section 272.

II.

In successive sales have been made of the same immovable, the rank of precedence of the seller as between themselves is according to the priority of the sales.

Section 280. (from Vol.79)

When several persons have preferential rights of the same rank in the same thing, each is to receive performance in proportion to the amount of his obligation.

Section 281. (from Vol.79)

A preferential right in a movable cannot be exercised after the debtor has delivered the thing to a third person who has acquired it from him.

Section 282. (from Vol.79)

When a preferential right conflicts with a pledge of a movable, the pledgee has the same rights as the holder of a preferential right of the first rank mentioned in Section 277.

Section 283. (from Vol.79)

I.

A person who has a general preferential right must receive performance first out of the movable property of the debtor, and only in case that is insufficient he can receive performance out of immovables.

II.

As to immovables, he must receive performance first out of such immovables as are not subject to a special security.

III.

If a person who has a general preferential right negligently omits to intervene in a distribution according to the provisions of the foregoing two paragraphs, he cannot exercise his preferential right against a third person whose right is registered, to the extent of what he would have received through such intervention.

IV.

The provisions of the foregoing three paragraphs do not apply, if the proceeds of an immovable are to be distributed before those of other property, or if the proceeds of an immovable which is the subject of a special security are to be distributed before the proceeds of other immovables.

Section 284. (from Vol.79)

A general preferential right, even though not registered in respect to an immovable, may be set up against any creditor who has no special security; but this does not apply against a third person who made registration.

Section 285. (from Vol.79)

A preferential right on account of the preservation of an immovable retains its effect by being registered immediately after the act of preservation is completed.

Section 286. (from Vol.79)

I.

A preferential right on account of work done upon an immovable retains its effect by a provisional estimate of the cost being registered before the work has begun. If, however, the costs of the work exceeds the provisional estimate, there is no preferential right for the excess.

II.

The increase of value of an immovable arising from the work done upon it is to be estimated by experts appointed by the Court at the time of the intervention in the distribution.

Section 287. (from Vol.79)

A preferential right registered in accordance with the provisions of the preceding two sections can be exercised in preference to a mortgage.

Section 288. (from Vol.79)

A preferential right on account of the sale of an immovable retains its effect by registering at the same time with the contract of sale the fact that the price or the interest thereon has not been paid.

Section 289. (from Vol.79)

As to the effect of a preferential right, in addition to provisions of Sections 280 to 287 inclusive the provisions as to Mortgage apply correspondingly.

Section 290. (from Vol.79)

If several persons owe a divisible performance, or if a divisible performance is owed to several persons, each debtor is, in case of doubt, liable only for an equal share, and each creditor is entitled to an equal share.

Section 291. (from Vol.79)

If several persons owe an act of performance in such manner that each is bound to effect the whole performance, though the creditor is entitled to obtain the whole performance only once (i.e. joint debtors), the creditor may demand the performance at his option from any one of the debtors, in the whole or in part. Until the whole performance has been effected all of the debtors remain bound.

Section 292. (from Vol.79)

I.

Performance of the obligation by one joint debtors operates in favour of the other debtors. The same rule applies to any act in lieu of performance, to the deposit of lieu of performance and to set off.

II.

A claim belonging to one of the joint debtors may not be set off by the other debtors.

Section 293. (from Vol.79)

A release of the obligation granted to one of the joint debtors avails for the benefit of the other debtors only in respect of the share of the debtor who has been released unless otherwise agreed.

Section 294. (from Vol.79)

The default of the creditor towards one joint debtor avails also in favour of the other debtors.