Section Code: 0758 - 0763

Thai Civil and Commercial Code


Chapter 2: Rights and Duties of Pledger and Pledgee

Section 758. Retention of Pledged Property

The pledge is entitled to retain all the pledged property until he has received full performance of the obligation and accessories.

Section 759. Ordinary Care of Pledge Property

The pledge is bound to keep the pledged property in safe custody and take as much care of it as a person of ordinary prudence would take of his own property.

Section 760. Liability for Loss if Pledgee allows 3rd person to use property

If, without the consent of the pledger, the pledgee uses the pledged property or lets a third person have custody over it, he is liable for any loss or damage to the pledged property, even caused by force majeure, unless he proves that the loss or damage would have happened in any case.

Section 761. Fruits of Pledged Property

Unless otherwise provided by the contract, if the pledged property procedures legal fruits, the pledgee shall appropriate them in payment of any interest that may be due to him, and, if no interest is due, in payment of the principal of the obligation secured.

Section 762. Pledger responsible to Pledgee to preserve and maintain property

The pledger is bound to reimburse the pledgee for any expenses which were necessary for the preservation or maintenance of the pledged property unless otherwise provided in the contract.

Section 763. Statute of Limitations

The following actions cannot be entered later than six months after the return or sale by auction of the pledged property:

  1. An action for compensation for damage caused to the pledged property by the pledge.
  2. An action for reimbursement of expenses incurred for the preservation or maintenance of the pledged property.
  3. An action for compensation for injury caused to the pledge by non-apparent defects in the pledged property.