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ResourcesThai Civil and Commercial CodeBook2Obligations Part IV Cancellation of Fraudulent Acts Part V Right of Retention

Obligations Part IV Cancellation of Fraudulent Acts Part V Right of Retention

Page: 39

Section: 237 - 244




Section 237.- 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 act does not apply if the person enriched by such an act did not know, at the time of the act, or the facts which would make it prejudicial to the creditor, provided, however, that in case of a gratuitous act, the knowledge on the part of the debtor alone is sufficient.

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


Section 238.- The cancellation under the foregoing section cannot affect the right of a third person acquired in good faith.

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


Section 239.- Cancellation operates in favour of all the creditors.


Section 240.- 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.- 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 due yet.

The provisions of the foregoing paragraph do not be applied, if the possession began by an unlawful act.


Section 242.- The right of retention does not exist if it is incompatible with the obligation assumed by the creditor, or with the instruction given by the debtor before or at the time of delivery of the property or if it is against public order.


Section 243.- 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.- The holder of a right of retention may exercise his right against the whole of the property retained until the obligation is wholly performed.