Thailand Civil Procedure Code Section-357-358

PART I

EXECUTION IN CASE OF PERFORMANCE OF ACTS


Section 357.358 With regard to execution in the case where a judgement or an order of a court requires a judgement debtor to perform any juristic act for which a judgement of a court may be substituted for the declaration of intention of the judgement debtor and such judgement or order of the court does not prescribe that the judgement may be substituted for the declaration of intention of the judgement debtor, the judgement creditor may make a request for the court to issue an order for the judgement or order of the court to be substituted for the declaration of intention of the judgement debtor.

If the declaration of intention of a judgement debtor will be complete only upon registration with a registrar, competent authority or any other person who is competent under law, the judgement creditor may make a request for the court to order the registration. In which case, such person shall carry out the registration in accordance with the order of the court.

If a document of right, such as a title deed, pre-emption certificate, certificate of utilisation, certificate of registration or title document, which is required for registration, has been lost, damaged or otherwise cannot be brought by any other reason, the court may order the registrar, competent authority or person who is competent under law to issue a substitute for such document of right. Upon issuance of the substitute, the original document of right shall be cancelled.

Section 358.359 With regard to execution in the case where a judgement or an order of a court requires a judgement debtor to perform any act other than the case under section 357, the judgement creditor may, in addition to making the request under section 361, if such act may be performed by a third party, make an ex parte request for the court to issue an order allowing such third party to perform the act on behalf of the judgement debtor at the expenses of the judgement debtor.

The expenses paid for the third party’s performance of an act under paragraph one shall be deemed to be judgement debts which shall be subject to further execution.

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Paternity Lawyers

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