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ResourcesThai Civil and Commercial CodeBook2Obligations Part VI Preferential Rights

Obligations Part VI Preferential Rights

Page: 43

Section: 272 - 277

Section 272.- The preferential right on account of agricultural and industrial services is as to a person who rendered agricultural services for wages for 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 services.

 

(b) Preferential Rights in Immovables

 

Section 273.- A person in whose favour an obligation exists based upon any of the following grounds has a preferential right in particular immovable of the debtor :

                (1) Preservation of an immovable ;

                (2) Work done upon an immovable :

                (3) Sale of an immovable.

 

Section 274.- 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.

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

 

Section 275.- The preferential right on account of work done upon an immovable is for the charges for work done upon an immovable of the debtor by a builder, an architect or a contractor, and is in such immovable.

This preferential right exists only if there is a present increase of the value of such immovable due to such work, and is only in such increased value.

 

Section 276.- The preferential right on account of the sale of an immovable is for the price and interest thereon, and is in such immovable.

 

3. Rank of Preferential Rights

 

Section 277.- When general preferential rights conflict, the rank of their precedence is according to the order in Section 253.

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