Section Code: 0686 - 0692

Thai Civil and Commercial Code

SPECIFIC CONTRACTS
TITLE XI
SURETYSHIP

Chapter 2: Effects before Performance

Section 686 Demand for Performance

As soon as the debtor is in default, the creditor is entitled to demand performance of the obligation for the surety.

Section 687 Time of Performance

The surety is not bound to perform the obligation before the time fixed for performance, although the debtor can no longer take advantage of a time of commencement or ending.

Section 688 Notice to Debtor prior to Performance

When the creditor demands performance of the obligation from the surety, the latter may require that the debtor be first called upon to perform unless the debtor has been adjudged bankrupt, or his whereabouts in Thailand in unknown.

Section 689 If Debtor can perform, Surety does not

Even after the debtor has been called upon as provided in the forgoing section, if the surety can prove that the debtor has the means to perform and that execution would not be difficult, the creditor must first make execution against the property of the debtor.

Section 690 Creditor must try to collect prior to go to Surety

If the creditor holds real security belonging to the debtor, he must, on request of the surety, have the obligation performed first out of the real security.

Section 691 Joint Liability for Performance

If the surety is bound jointly with the debtor, he has not the rights mentioned in Sections 688, 689 and 690.

Section 692 Interruption of SOL

An interruption of prescription against the debtor is also an interruption against the surety.

« »