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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: 46

Section: 294 - 302

Section 294.- The default of the creditor towards one joint debtor avails also in favour of the other debtors.


Section 295.- Facts other than those specified in Sections 292 to 294 avail, unless the contrary appears from the nature of the obligation, in favour of and against only the joint debtor to whom they particularly refer.

This applies, in particular, to the giving of notice, default, imputability of fault, impossibility of performance on the part of one joint debtor, prescription or its interruption, and merger of the claim in the debt.


Section 296.- As between themselves joint debtors are liable in equal shares, unless it is otherwise provided. If from one of the joint debtors the contribution due from him cannot be obtained, the deficiency shall be borne by the other debtors who are bound to make a contribution ; provided that if one of the joint debtors has been released from the joint obligation, the creditor takes upon himself that share which the debtor released by him ought to have borne.


Section 297.- If in a contract several persons bind themselves in common to effect a performance, they are liable in case of doubt, as joint debtors even in the case of a divisible performance.


Section 298.- If several persons are entitled to demand an act of performance in such manner that each can demand the whole performance, though the debtor is bound to effect the whole performance only once (i.e. joint creditors), the debtor may at his option perform in favour of any one of the creditors. This applies even if one of the creditors has already brought an action for the performance.


Section 299.- Default on the part of one joint creditor avails also against the other creditors.

If a claim and a debt become merged in one joint creditor, the rights of the other creditors against the debtor are extinguished.

For the rest the provisions of Sections 292, 293 and 295 are applied mutatis mutandis. In particular, if one joint creditor transfers his claim to another person, the rights of the other creditors remain unaffected.


Section 300.- Joint creditors are, as between themselves, entitled to equal shares, unless it is otherwise provided.


Section 301.- If several persons owe an indivisible performance, they are liable as joint debtors.


Section 302.- If an indivisible performance is owed to several persons, and if they are not joint creditors, the debtor may only perform in favour of all in common, and each creditor may only demand the performance in favour of all. Each creditor may demand that the debtor deposit the thing owed for the benefit of all the creditors, or if the thing is not suitable to be deposited, that it be consigned to a custodianappointed by the Court.

For the rest a fact which refers only to one creditor does not avail in favour of nor against the other creditors.