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ResourcesThai Civil and Commercial CodeBook2Obligations Part VI Preferential Rights

Obligations Part VI Preferential Rights

Page: 42

Section: 262 - 271

Section 262.- If a hire of immovable property is transferred or sublet, the preferential right of the original letter extends to the movables brought by the transferee or subhirer into the property. The same applies to the money which the transferor or the subletter is to receive from the transferee or subhirer.

 

Section 263.- 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 the such damages as have arisen during the last preceding and the current rent period.

 

Section 264.-  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.- The preferential right on account of lodging in an inn is for what is due to the proprietor for lodging and other servicesafforded 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.- 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 are applied mutatis mutandis.

 

Section 267.- The preferential right on account of carriage is for charges for the carriage of a passenger or goodsand for accessory expenses, and is in all goods and luggage in the hands of the carrier.

 

Section 268.- 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.

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

 

Section 269.- 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.

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.- 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.- 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.