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Цивільний та торговий кодекс - іпотека
Civil and Commercial Code ss.702-746
Інформація перевіряється та оновлюється щомісяця за офіційними джерелами.
Коротко
Іпотека (ст. 702-746 ЦК): реєстрована застава нерухомості без передачі володіння. Кредитор має пріоритет, але при дефолті публічний аукціон за рішенням суду, не автоматичний перехід прав.
702: Definition of Mortgage
A mortgage lets an owner pledge property to secure a debt without giving up possession. If the debtor defaults, the mortgagee gets paid from the property's value ahead of unsecured creditors, even if the property was later sold to someone else.
703: What Can Be Mortgaged
All immovable property qualifies for mortgage. Certain movables, such as large ships, floating houses and working animals, may also be mortgaged, but only if they are formally registered under applicable rules allowing such registration.
704-705: Identifying the Property and Ownership Requirement
The mortgage agreement must clearly describe the exact asset pledged. Only the current legal owner of that asset has the authority to create a mortgage over it; a non-owner cannot validly grant one.
708: Secured Amount in Thai Currency
Every mortgage contract must state, in Thai baht, either a fixed sum owed or a stated ceiling amount that the property secures. This gives both parties and third parties clarity on the maximum exposure covered.
711: Ban on Automatic Forfeiture Clauses
Before the secured debt becomes due, parties cannot validly agree that the mortgagee automatically becomes owner of the property, or may sell it outside the formal foreclosure process, upon default. Such clauses have no legal effect.
712: Multiple Mortgages on Same Property
Even while an existing mortgage remains in force, the owner may create a further mortgage over the same property in favor of another creditor, regardless of any contrary clause in the first mortgage contract.
713-714: Installment Payment and Written Registration
Unless the contract says otherwise, the mortgagor may repay the secured debt in installments. Separately, every mortgage contract is only valid if made in writing and registered with the competent land official.
715-716: Scope: Principal Debt, Accessories and Whole Property
The mortgage secures not only the principal debt but also accrued interest, default compensation and enforcement costs. Even after partial payment, the mortgage continues to burden the entire mortgaged property, not just a proportional part.
719: Buildings Erected After the Mortgage
A land mortgage does not automatically cover buildings the owner constructs afterward unless expressly stated in the contract. Still, the mortgagee may have such buildings sold along with the land, though his priority claim applies only to the land's price.
720: Separate Ownership of Land and Buildings
Where a building stands on land owned by someone else, mortgaging the building does not extend to the underlying land, and mortgaging the land does not extend to that building. Each asset is treated separately for mortgage purposes.
728: Formal Notice Before Foreclosure
Before enforcing a mortgage, the mortgagee must send the debtor written notice giving a reasonable deadline to perform the obligation. Only if the debtor fails to comply may the mortgagee file a court action to have the property seized and auctioned.
729: Conditions for Foreclosure (Not Auction)
Instead of an auction, the mortgagee may request direct foreclosure only if interest has gone unpaid for five years, the mortgagor cannot prove the property is worth more than the debt, and no other mortgages or priority claims exist on it.
730-731: Ranking of Multiple Mortgagees
When the same property secures several mortgages, priority follows the exact date and time each mortgage was registered. Earlier registered mortgagees are paid first, and a later mortgagee cannot exercise rights that would harm an earlier one's position.
732-733: Distribution of Auction Proceeds and Shortfall
After a foreclosure auction, proceeds go first to mortgagees in order of rank, with any remainder returned to the mortgagor. If the sale proceeds or assessed value fall short of the debt, the debtor is not personally liable for the shortfall.
735: Notice to Property Transferee
If the mortgaged property has been transferred to a new owner and the mortgagee intends to enforce the mortgage, that new owner must receive written notice at least one month before enforcement proceedings begin.
744: Grounds for Extinction of Mortgage
A mortgage ends when the secured debt is fully paid (other than through mere lapse of time), when the mortgagee formally releases it in writing, when it is properly removed, or when the property is sold by court order or foreclosed.
746: Mandatory Registration of Changes
Any repayment, discharge, or agreement altering the mortgage or the underlying debt must be registered with the competent official upon request of the concerned party. Otherwise, such changes cannot be relied upon against outside third persons.