ขณะนี้อยู่ระหว่างปรับปรุง Theme ขออภัยในความไม่สะดวก
The Jurisdiction of the Administrative Court over the Contract of Suretyship
The Jurisdiction of the Administrative Court over the Contract of Suretyship

If a primary contract is an administrative contract, a surety contract which is the accessory of the primary contract shall be under the jurisdiction of the Administrative Court and shall be filed within the prescription period applied to the administrative contract under Section 9 paragraph one (4) and Section 51 of the Establishment of Administrative Courts and Administrative Court Procedure Act B.E. 2542 (1999). According to Sections 193/14 (1) and 193/15 of Civil and Commercial Code of Thailand the prescription is interrupted if a debtor has acknowledged the claim towards the creditor by written acknowledgement, by part payment, or payment of interest. And a fresh period of prescription begins to run from the time when the interruption ceases subject to Section 193/15 of the Civil and Commercial Code. Under Section 204 paragraph two of the Civil and Commercial Code if a time by the calendar is fixed for the performance, the debtor is in default without warning if he does not perform the fixed time. The creditor can immediately make demand to the Court for the outstanding payments, without prior notice to the debtor. Section 329 of the Civil and Commercial Code also states that the debtor, besides the principal performance, has to pay interest and costs, the value of an act of performance insufficient to discharge the whole debt is applied first to the costs, then to the interest, and lastly to the principal performance. Even if the creditor agrees to receive part performance, and does not immediately exercise the right of contract recession or demand Defendant No.1 an act of performance, the surety is not discharged. The surety shall be discharged only if it was evidently clear that the creditor grants the debtor the extension time according to Section 700 of the Civil and Commercial Code.

Document

Survey of satisfaction with the quadrimester newsletter issued.