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ResourcesThai Civil and Commercial CodeBook2Obligations Chapter II Effect of Obligations Non-Performance

Obligations Chapter II Effect of Obligations Non-Performance

Page: 35

Section: 209 - 217

Section 209.- 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.- 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.- 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 case of provided for by Section 209, at the time fixed for the act of the creditor.


Section 212.- 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 ahead.


Section 213.- 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.

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 the doing of a juristic act, a judgement may be substituted for a declaration of intention by the debtor.

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 adapted for the future.

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


Section 214.- Subject to the provisions of Section 733, 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.- 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 damage caused thereby.


Section 216.- If by reason of default, the performance becomes useless to the creditor, he may refuse to accept it and claim compensation for non-performance.


Section 217.- A debtor is responsible for a negligence during his default. He is also responsible for impossibility of performance arising accidentally during the default, unless the injury would have arisen even if he had performed in due time.