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ResourcesThai Civil and Commercial CodeBook2Obligations Chapter III Plurality of Debtors and Creditors

Obligations Chapter III Plurality of Debtors and Creditors

Page: 45

Section: 284 - 293

Section 284.- A general preferential right, even though not registered in respect to an immovable, may be set up against any creditor who has no special security ; but this does not apply against a third person who made registration.


Section 285.- A preferential right on account of the preservation of an immovable retains its effect by being registered immediately after the act of preservation is completed.


Section 286.- A preferential right on account of work done upon an immovable retains its effect by a provisional estimate of the cost being registered before the work has begun. If, however, the cost of the work exceeds the provisional estimate, there is no preferential right for the excess.

The increase of value of an immovable arising from the work done upon it is to be estimated by experts appointed by the Court at the time of the intervention in the distribution.


Section 287.- A preferential right registered in accordance with the provisions of the preceding two sections can be exercised in preference to a mortgage.


Section 288.- A preferential right on account of the sale of an immovable retains its effect by registering at the same time with the contract of sale the fact that the price or the interest thereon has not been paid.


Section 289.- As to the effect of a preferential right, in addition to provisions of Sections 281 to 288 inclusive, the provisions as to Mortgage apply correspondingly.





Section 290.- If several persons owe a divisible performance, or if a divisible performance is owed to several persons, each debtor is, in case of doubt liable only for an equal share, and each creditor is entitled only to an equal share.


Section 291.- If several persons owe an act of performance in such manner that each is bound to effect the whole performance, though the creditor is entitled to obtain the whole performance only once (i.e. joint debtors), the creditor may demand the performance at his option from any one of the debtors, in whole or in part. Until the whole performance has been effected all of the debtors remain bound.


Section 292.- Performance of the obligation by one joint debtor operates in favour of the other debtors. The same rule applies to any act in lieu of performance, to deposit in lieu and to set-off.

A claim belonging to one of the joint debtors may not be set off by the other debtors.


Section 293.- A release of the obligation granted to one of the joint debtors avails for the benefit of the other debtors only in respect of the share of the debtor who has been released unless otherwise agreed.