Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

info@integrity-legal.com

ResourcesThai Civil and Commercial CodeBook2Obligations Part VI Preferential Rights

Obligations Part VI Preferential Rights

Page: 41

Section: 254 - 261

Section 254.- 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 the preservation, liquidation or distribution of the debtor’s property.

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

 

Section 255.- 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.- 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.- The preferential right on account of money, to which an employee is entitled for services rendered to the debtor who is his employer, is for basic pay, overtime pay, holiday pay, holiday overtime pay, severance pay, special severance pay, and other money to which the employee is entitled for services rendered to, for four months back not exceeding one hundred thousand baht for each employee.

 

Section 258.- 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.

 

(2.) Special Preferential Rights

(a) Preferential Rights in Movables

 

Section 259.- 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 :

                (1) Hiring of an immovable ;

                (2) Lodging in an inn ;

                (3) Carriage of passengers or goods ;

                (4) Preservation of movables ;

                (5) Sale of movables ;

                (6) Supply of seeds, young plants or manure ;

                (7) Agricultural or industrial services.

 

Section 260.- 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 which are in or on the immovable.

 

Section 261.- 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.

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