Section 406 any person to acquire any property because of what another person to commit to debt good or better by other means. Information without a legal claim can be an excellent person to another disadvantage that know that You must remember that the person was returned to his property. Furthermore the condition of the existing liabilities or can not find it. He is deemed an act to settle the debt with
This provision applies to you as to the property if the reason that one does not have an up or cause to be. Before it ended, and then with
Section 407 any person to act as though a capricious or to pay off debt, knowing that he is not bound to pay. You find that that person has the right to property was not returned.
Section 408 is that the person is not entitled to receive back the property.
(1) a person who has paid the debt before maturity Terms of time force at that time.
(2) the person who paid the debt and then terminate.
(3) payment by the person or the moral duty to be hospitable to the Association.
Section 409 on any person who is not a debtor to pay debt by mistake is why the creditors who in good faith to be destroyed or lost the documents which refute the evidence of good debt. Cancellation insurance pay better. Because the right to terminate the end of good. You do not remember that the creditor must return property.
The provisions mentioned in the preceding paragraph is not opposed to the person who paid the debt will take recourse to the debtor and the guarantor, if it should have.
Section 410 any person who has made debt and aims to generate a result. But did not result in such And if that person knew that the early results are good as impossible to prevent or ward off bad not to interfere with the effect on their symptoms, such as a breach of good faith. You that person is not entitled to recovery property.
Section 411 any person to act for the settlement violates the prohibition by law or morality. You may find that the person claims property was not returned.
Section 412 if the property has been as Windfall should not be that the amount of one Him to return that amount. Except when the person receiving it in good faith must be returned Windfall should not be just the time when it is present in recovery.
Section 413 which will be returned when property is other than the amount and the person receiving it in good faith. You must remember that a person like that. Return the property just as they are and not be responsible for that. Property loss or damage it, but what if a claim for loss or damage, then they need to go by.
If the person receiving the property by fraud. You will be responsible for loss or damage is filled landscape. Even the loss or damage will occur because of force majeure. Unless it is proved that the property is what would be lost or damage is sure enough.
Section 414 if the returned property becomes impossible because of state property received for its own good, or good reason otherwise. And the person receiving the property in good faith. You must remember that a person like that just the night Lapamicyrnadg there at the time when it restores.
If the person receiving such property as fraudulent. You have to use that property prices in full.
If the person receiving it will be returned when such property is to be deemed as falling into corruption at the beginning, but then recovered.
Section 416 expense for all reasonable care to maintain or repair of such property. You have to pay that person back to the property in full.
But people like this that claim to pay the ordinary expenses for maintenance or repair that property values Paraeidpoan to spend during their stay that would keep the fruit can not find.
Section 417 in expenses other than those mentioned in the beginning of the paragraph. Section before that person is called to return the property to recoup the loss, but only during their working in good faith and on property that is priced higher because of the cost in time and will be referred back to it but Just as the price increased only
Furthermore the provisions of Section 415 paragraph two, that you apply to the case may be.
Section 418 if the person receiving the property should not have them in bad faith and has been adapted or built up in that property. People like him must be prepared to return such property is still intact with its own costs. And then returned. Unless the property owners will choose to return the status quo in this case, the cost of ownership will make modifications or additions. Amount of money or property as a price increase, but also to choose
If, in time to return property that is impossible to restore the property to remain intact or if it will do damage to the property know that You get that person must return the property to the status quo and no. The right to demand compensation for property prices to increase because of the modification or build it.
Section 419 in the Windfall should not be. You shall not bring a lawsuit after the expiration of one year from the time the injured party is entitled to know that he recalled after the expiration of ten years from the time when such rights have been made.
Judgement of the Supreme Court 2889/2553.
While plaintiff's land contract dispute from the defendant, a requirement that the plaintiff did not transfer the land dispute. The land acts as expressly prohibited by law. Would void the Commercial Code, Section 150 plaintiff has no obligation to settle the remaining land to the other defendant, the plaintiff made a contract to purchase land because of land disputes are not aware of the dispute. Before that land disputes are the subject of law, the prohibition on transfer. If the plaintiff is not acting arbitrarily as if to settle the debt. Know that he is not bound to pay or act on which the debt. Violates the prohibition by law or morality, the Commercial Code, Section 407 and Section 411 that a defendant must refund the cost of land has been paid to the plaintiff.
The plaintiff claims trading and permitting the court to the fact that the contract Land disputes between the plaintiff and the defendant, one does not refer to the fact that as a receipt. So there's no stamp duty and no restrictions are placed on the hearing of evidence by the fiscal P. Section 118.
Judgement of the Supreme Court 5817/2551.
Both the plaintiff disputed land to build homes. It would need to adjust the soil filling the high ground from flooding. Which action to occupy the disputed land, living under their Commercial Code Section 1336, although at that time, both the plaintiff already know that. The defendant is requesting the Board of Directors of the Agricultural Land. For the purchase of land disputes with the plaintiff's claims against both But I do not have the same win or lose out so that the two plaintiffs in soil reclamation of land disputes for the benefit of their usable land. It can not hear that the exercise in bad faith. When the defendant transferred the land dispute in the same price as the price of both the plaintiff purchased. Defendant has filled the soil without charge in the reclamation soil. And the value of land disputes increased by comparison with land disputes that have not filled the land reclamation and the increased value of land disputes that Considered as increasing the asset pool of the defendant. What is the property acquired by the defendant to claim a free information law. Windfall should not be the Commercial Code, Section 406 is the defendant must pay the plaintiff's land to both land reclamation.
Judgement of the Supreme Court 3624/2551.
The plaintiff sued the defendant asked to refund the rent issue by the defendant that the defendant has no right to withdraw from the government. Royal decree Rents Government Act 2527 Section 7 (1) on which the plaintiffs are not required to pay to the defendant and the defendant is not entitled to the funds given to the defendant in good faith but understand that They have the right to withdraw the rent under the law. The defendant received the money from the plaintiff thereby acquired without the data will refer to the law. And the disadvantage to plaintiffs. If the plaintiff is entitled to sue the property back into the database called the Civil and Commercial Code, Section 406 Windfall should not be it is subject to the statute of the Commercial Code, Section 419 requires that the plaintiff claims the right to recover from the defendant. 1 year after the plaintiff knows that he has the right to reclaim
Judgement of the Supreme Court 480/2551.
Defendant is entitled to contribution and benefit from the plaintiff's contributions to a particular section In excess of the withholding tax, although the plaintiff may forget to pay tax at source before paying all the money to the defendant. But when the plaintiff to remit taxes to be deducted at source and paid to the Revenue Department. The plaintiff shall have the right to demand money the plaintiff to submit to the Department of Revenue to the defendant and the defendant must be refunded to the plaintiff.
Judgement of the Supreme Court 871/2551.
Land disputes between the acts against which a void with the debtor. Return property arising from the annulment The provisions must be applied by Lapamicyrnadg Commercial Code, Section 172, paragraph two of the first objection is required to refund the disputed land granted by the debtor, unless the full amount until Windfall should not be objection that will be the first. bona fide Has a duty to return the time when it is present in accordance with Section 412 and to restore the debt in default shall be liable to pay the 7.5 percent interest per annum from the time of default on.
Judgement of the Supreme Court 8714/2551.
A defendant proceeds to pay debts to banks. The plaintiff, a bank or the transferee can claim the payments are deducted. Number of bank debt or the plaintiff's own calculation. Of the bank is a financial institution which is a reliable business people. That the defendant would have reason to believe that an understanding and interest at the bank or the plaintiff is correct. No case has held that a defendant solvency calculation is wrong to act on arbitrary virtual One was to pay off debt, knowing that he is not bound to pay the Commercial Code, Section 407.
Judgement of the Supreme Court 5480/2550.
The plaintiff is required of commercial banks to follow. The Bank Act. Bank of Thailand in conjunction with the Bank and the plaintiff. The plaintiff need to know about the rules of interest are well known. The defendant, the plaintiff's customers. The State and the phrase does not appear to show that the defendant reason to know the rules. Bank of Thailand and the Bank in any way, so the plaintiff to the defendant alone, but the money to pay debts because they owe the plaintiff and lead plaintiff. Less various debt management. The plaintiff's calculation of debt by yourself. Coupled with the plaintiff is a financial institution which the business operations of banks. The trust of the people who would have reason to believe that the plaintiff and the defendant understands. Interest correctly. If it does not hold that the defendant solvency calculation is wrong to deliberately violated. Prohibited by law or morality of the people. Or it acts arbitrarily or as if to settle the debt by knowing that He is not bound by law to be paid, which will cause the defendant has no right to. Property has been returned by the Commercial Code, Section 407, so when the contract with the plaintiff's interest is void and times. The loan agreement have not agreed on the same interest, which cause the plaintiff. Have no right to interest prior to default and not the money that the defendant pay the plaintiff ago Deducted from the interest that the plaintiff has no right to think. Need the money to pay debt from the defendant all the money.
Judgement of the Supreme Court 670/2549.
This case provides only that the defendant Sat 2 converted to registered land sale of 715,000 baht to pay off debts unpaid interest to the plaintiff. Does not make a sale to another land. Sat attest that the defendant used another piece of land of 3 converted to sale to third parties, and then proceeds from the sale of 200,000 payment to the plaintiff. Thus attest to the outside word is not like Forbidden to listen to the P.wi.po. Section 87, however, that the defendant Sat attest that the land converted to 2 g of sale to the plaintiff and the plaintiff's son was charged on loan repayment. Attest to the interest due. Not attest to the principal use is not required to show evidence in writing the Commercial Code, Section 653, paragraph two, but when listening to the fact that the loan interest is void because the interest rate trigger. Exceeding the rate prescribed by law. Interest payments are an arbitrary and violates legal prohibitions and Commercial Code, Section 407 and Section 411, which will be deducted from cash payments can not
The plaintiff's statement of the civil court proceedings recorded in the report that Plaintiff received partial repayment to the defendant. Would bind the plaintiff. Therefore the amount of the deductible amount of receivables under Commercial Code, Section 329, paragraph one
Judgement of the Supreme Court 6784/2549.
The Commercial Code, Section 373 agreements to advance the faithful will become null and void shall not be labeled except for accounts receivable. Liable for fraud or gross negligence of their own. When the contract between the plaintiff and the defendant to two to two consent agreements that the defendant liable to plaintiff in the case of fraud to obtain compensation tax, and one of the defendants caused damage to the plaintiff in any event. Is not a contract unless the plaintiff shall not be liable for fraud or negligence. Carelessness of the plaintiff's serious. The contract is not void. When a defendant not entitled to severance pay tax in tax card. Because the act of fraud to obtain compensation tax, and damage to the plaintiff accused the two card transferee tax liability must be committed to the plaintiff need not apply the provisions of the Commercial Code, Section 412 to 418 with Windfall should not be apply mutatis mutandis. Because the case is a case where two defendants are liable under the contract provided the plaintiff in particular, which then acts.
Judgement of the Supreme Court 6459/2549.
Tax cards are worth a sum of money specified in the tax card to replace cash for tax payment to the Department of Customs and Excise Department to Revenue Department. If the tax certificate, it must be considered as Windfall should not be property received for the amount of money by the Commercial Code, Section 412.
Law principles of refund that is Lapamicyrnadg. Who must be refunded in full. The partial recovery Lapamicyrnadg still there at the time the recall because it was given in good faith is an exception. When the defendant claims that the defendant has benefited from the statutory exceptions. The defendant must be raised as a defense in the words of their own. Because the problem is the fact that faith or not. When the defendant filed to date lack. Cases, there is no issue that the defendant received a Windfall should not be the good faith or not.
Judgement of the Supreme Court 4027/2548.
Defendant is responsible to return money to the plaintiff, but as long as the base Windfall should not be plaintiff has not yet. Retrieved, it held that the defendant did not become the default when there is restored. But the defendant did not return. Defendant to be considered as falling into corruption at the beginning, but was restored by the Civil and Commercial Code, Section 415, paragraph two, and become the default will be levied on interest from that time onwards, the first paragraph under Section 203 and Section 204 paragraph. One of the first paragraph of Section 224.
The Supreme Court 5442 - 5468/2548.
Defendant received the plaintiff's retirement pay is calculated according to the Petroleum Authority of Thailand Regulation on the Pension Fund Act 2536, but the Cabinet has approved the plaintiff as a great state. The defendant's right to receive gratuities shall be in accordance with the Cabinet. Plaintiff to calculate pension according to the defendant a new Cabinet retirement pay plaintiff the difference too, because the calculation according to the original defendant has been going to the right of the property because the plaintiff made to pay debts. Without information, the law will be referred to the plaintiff and the disadvantaged. It is the Commercial Code, Section 406 Lapamicyrnadg age, the prosecution called to restore the plaintiff to pay gratuities to return too, and how many would be in accordance with the provisions on Windfall should not be. If the defendant can not rely on gratuities in excess. The plaintiff has no right to make a track out all night under Commercial Code Section 1336.
Judgement of the Supreme Court 823/2548.
The plaintiff employed the defendant as the plaintiff in the year 2539 is positioned as a technician, electronic flight clearance test two The plaintiff was a penalty to cut 10 percent of salary for 6 months from the date of October 1, 2539 until March 31, 2540, but due to defects in the internal operations of the defendant. Ordered the defendant to the plaintiff salaries in 2540 and resulted in a base salary of salaries in fiscal year 2541 error command salaries that are errors with the plaintiff. Money received from the plaintiff by the defendant that is not a command like Thus obtained the information without reference to law. Is Lapamicyrnadg Commercial Code, Section 406, first paragraph, the plaintiff must be refunded to the defendant. But the defendant aware of defects in salaries on November 12, 2541 counterclaim defendants on July 26, 2544 expiration of one year from the time the defendant knew that he had the right to demand a refund under section 419, so terminate the defendant's counterclaim.
Judgement of the Supreme Court 3072/2547.
While the engagement, Mr. A. and Miss B. Miss B. Age is not complete 17 years of age by 15 years old, remnants of such engagement is unconstitutional and Commercial Code, Section 1435, paragraph one shall become void in accordance with In addition, Section 1435, Section 172, paragraph two, paragraph two states that will be returned if the property arising from the annulment The provisions came into force on Windfall should not be. On the fact that the plaintiff did not appear that Ms. B. is missing 17-year-old defendant and Miss B. have to return the betrothal and dowry to the plaintiff under Section 412 and 413 by the plaintiff will be deemed arbitrary payment under Section 407 does not find it so. the plaintiff, the defendant's father and mother, Mr. A. and Miss B. Agreement after Mr. A. and Miss B. Dissolution of living together as husband and wife. That the defendant agreed to refund the dowry and the wedding to the plaintiff. Debt and therefore enforceable. Find it contrary to public order or morality of the people do not.
Note diagnosed by the general meeting resolution No. 4 / 2547.
Judgement of the Supreme Court 10669/2546.
Land disputes in the area of land reform and was in the defendant filed a request to serve it to prohibit a person entitled by the Agricultural Land Reform in the separation or transfer of land rights to others under the Act. Agricultural Land Reform Act 2518, Section 39 of the plaintiff and the defendant made an agreement to buy land dispute is expressly prohibited by law. Commercial Code is invalid under Section 150.
Agreement to buy land disputes is void. Would not result in any claims the plaintiff has no right to demand from the defendant because the penalty is not a result of breach of contract, but the Commercial Code, Section 172, paragraph two states that will be returned if the property resulting from the abolishment The provisions of this Code by Windfall should not be which came into force in accordance with Section 412 states that if the property has been as Windfall should not be is that the amount of money you must return the full amount. The two lower-court judge on Windfall should not be. Justice is not a complaint out of extraneous
Judgement of the Supreme Court 5670/2546.
The defendant has paid taxes back to even on the first floor will have data to refer to the law. But to show that the defendant has no right to be paid is deemed to be unfounded legal claims as well. Thus obtained without the information required by the claim of the plaintiff and disadvantage. Windfall should not be a defendant must be refunded to the plaintiff under the Civil and Commercial Code, Section 406, but the plaintiff to prosecute the claim such money within one year from the time the plaintiff knows that he has the right to recover under Commercial Code section 419.
Judgement of the Supreme Court 4078/2546.
Nor Sor 3 land on a contract of sale void return property arising from acts that are void, the provisions that must be applied with Windfall should not be wit If the property has been as Windfall should not be is the amount of money they must return the full amount that the defendant first must refund the Judgement of the Court of Appeal to the plaintiff both, and the plaintiff both have the right to charge interest from the defendants 1 in the default rate. 7.5 percent per year because of their debt. But that was not apparent to the defendant to demand a refund and get to know, from a defendant when Both the plaintiff would have the right to charge interest from the defendant that a lawsuit has since day onwards. The plaintiff is considered on both a call to the defendant to pay the debt.
The Supreme Court 3923 - 3932/2546.
The plaintiff pay the defendant added to the 2 to 11, a payment under the command of 63/2539 and 64/2539, which entered into force in that time. The receipt of the defendant to 2 to 11, the plaintiff has not been without value as a reference to law. Even later, the command will be canceled any. Both end on the date of such order not to cause any one who does not have a more Or cause to be ended before then. Which are considered the property in the base Windfall should not be under the Civil and Commercial Code, Section 406 is not the age of 1 year, set for Windfall should not be to apply to the case where the plaintiff sued a payment as a refund from the defendant to 2 to 11 are required. the age of 10 years under the Civil and Commercial Section 193/30.
Judgement of the Supreme Court 3534/2546.
The plaintiff terminated the reservation, which the right to terminate the contract. The plaintiff and the defendant must return to the same position as is. The defendant must reimburse the plaintiff from the date of the contract break onwards. According to the Civil and Commercial Code, Section 391, first paragraph, on the refund arising from the termination of this age, the law does not specifically require a 10 year old from the date of termination under Section 193/30 is the age The first year under Section 419 on Windfall should not be not apply. Because when the defendant paid for the room is not like an admission by the data without reference to law.
Judgement of the Supreme Court 2564/2546.
While the settlement is also indebted to T. Taxes accrued revenue department of the plaintiff is one Since taxation is not accurate. The liquidator of the company, which Thor split the remaining assets of the Company to the defendant. Whether the defendant is admitted in good faith or not. It is a violation of the Commercial Code, Section 1269 held that the defendant received money to share data without the law, they claim it is considered that the defendant must Windfall should not be T. refunded to the owner under Section 406 funds.
The Supreme Court 4905 - 4927/2545.
Compensation to the plaintiff by the defendant that the defendant understands the right to receive in accordance with Civil Aviation on the Rights of the advantages associated with employee compensation Act 2539 and the fact the defendant has no right to receive compensation because of the regulations. does not receive approval from the Ministry of Finance. And contrary to the Royal Institute of Civil Aviation, Wed. Fri 2535, Section 38 shall not apply. Thus the acquisition of wealth is nothing. Because the plaintiff's action for payment without the information required by the claims. And the disadvantage to plaintiffs. Prefer to use the plaintiff claims the defendant to return the compensation received by the plaintiff based Windfall should not be Commercial Code, Section 406 is not such a case the defendant took the plaintiff's property without the right to take it. The plaintiff is not entitled to use their track took back the property under Section 1336.
Civil and Commercial Code, Section 419 permits the victim to bring a lawsuit to recover property from people who have property Lapamicyrnadg base within one year from the time the injured party know that they have the right to reclaim Not within one year from the exercise of the victim wishes to restore.
Judgement of the Supreme Court 3942/2545.
Plaintiff's contract reservation land with buildings from the defendant. The pay 274,600 baht, but on the day of the purchase and sale agreement that the plaintiff had an agreement that the plaintiff unfairly taken advantage of a number of characteristics. Intent to modify the contract is correct and fair that the defendant before the construction was completed when The separation of ownership with title deeds, including the payment when Where are all the normal tradition of trading in the nature of the defendant must act and act to modify any agreement, contract for all items requested by the plaintiff. The plaintiff and the defendant has not yet promised to each other by Commercial Code, Section 366, paragraph one of the purchase and sale agreement has not occurred that the defendant received the money thus received without the information required by the claims. Must be refunded to the plaintiff based Windfall should not be the Commercial Code, Section 406, paragraph one with interest.
Judgement of the Supreme Court 1112/2545.
Insurance corporation named d. A beneficiary. The beneficiaries, must be a vested interest in property insured under the Civil and Commercial Code, Section 863 is not the case as this is a contract for the benefits of third parties that the Corporation d. Will be entitled to compensation if a casualty when the intent. that We will continue to benefit from the policy, then the plaintiff under Section 374 not only has the name as the beneficiary will be entitled to benefits when corporations d. No intention to be a beneficiary. It does not have any rights under the policy. D on the right of the Corporation. Is not under legal age. Defendant as the insured party insurance would be a beneficiary to receive compensation under Section 861 of the accused to receive compensation from the plaintiff. Thus it has been lawfully Windfall should not be is not in accordance with Section 406.
This provision applies to you as to the property if the reason that one does not have an up or cause to be. Before it ended, and then with
Section 407 any person to act as though a capricious or to pay off debt, knowing that he is not bound to pay. You find that that person has the right to property was not returned.
Section 408 is that the person is not entitled to receive back the property.
(1) a person who has paid the debt before maturity Terms of time force at that time.
(2) the person who paid the debt and then terminate.
(3) payment by the person or the moral duty to be hospitable to the Association.
Section 409 on any person who is not a debtor to pay debt by mistake is why the creditors who in good faith to be destroyed or lost the documents which refute the evidence of good debt. Cancellation insurance pay better. Because the right to terminate the end of good. You do not remember that the creditor must return property.
The provisions mentioned in the preceding paragraph is not opposed to the person who paid the debt will take recourse to the debtor and the guarantor, if it should have.
Section 410 any person who has made debt and aims to generate a result. But did not result in such And if that person knew that the early results are good as impossible to prevent or ward off bad not to interfere with the effect on their symptoms, such as a breach of good faith. You that person is not entitled to recovery property.
Section 411 any person to act for the settlement violates the prohibition by law or morality. You may find that the person claims property was not returned.
Section 412 if the property has been as Windfall should not be that the amount of one Him to return that amount. Except when the person receiving it in good faith must be returned Windfall should not be just the time when it is present in recovery.
Section 413 which will be returned when property is other than the amount and the person receiving it in good faith. You must remember that a person like that. Return the property just as they are and not be responsible for that. Property loss or damage it, but what if a claim for loss or damage, then they need to go by.
If the person receiving the property by fraud. You will be responsible for loss or damage is filled landscape. Even the loss or damage will occur because of force majeure. Unless it is proved that the property is what would be lost or damage is sure enough.
Section 414 if the returned property becomes impossible because of state property received for its own good, or good reason otherwise. And the person receiving the property in good faith. You must remember that a person like that just the night Lapamicyrnadg there at the time when it restores.
If the person receiving such property as fraudulent. You have to use that property prices in full.
If the person receiving it will be returned when such property is to be deemed as falling into corruption at the beginning, but then recovered.
Section 416 expense for all reasonable care to maintain or repair of such property. You have to pay that person back to the property in full.
But people like this that claim to pay the ordinary expenses for maintenance or repair that property values Paraeidpoan to spend during their stay that would keep the fruit can not find.
Section 417 in expenses other than those mentioned in the beginning of the paragraph. Section before that person is called to return the property to recoup the loss, but only during their working in good faith and on property that is priced higher because of the cost in time and will be referred back to it but Just as the price increased only
Furthermore the provisions of Section 415 paragraph two, that you apply to the case may be.
Section 418 if the person receiving the property should not have them in bad faith and has been adapted or built up in that property. People like him must be prepared to return such property is still intact with its own costs. And then returned. Unless the property owners will choose to return the status quo in this case, the cost of ownership will make modifications or additions. Amount of money or property as a price increase, but also to choose
If, in time to return property that is impossible to restore the property to remain intact or if it will do damage to the property know that You get that person must return the property to the status quo and no. The right to demand compensation for property prices to increase because of the modification or build it.
Section 419 in the Windfall should not be. You shall not bring a lawsuit after the expiration of one year from the time the injured party is entitled to know that he recalled after the expiration of ten years from the time when such rights have been made.
Judgement of the Supreme Court 2889/2553.
While plaintiff's land contract dispute from the defendant, a requirement that the plaintiff did not transfer the land dispute. The land acts as expressly prohibited by law. Would void the Commercial Code, Section 150 plaintiff has no obligation to settle the remaining land to the other defendant, the plaintiff made a contract to purchase land because of land disputes are not aware of the dispute. Before that land disputes are the subject of law, the prohibition on transfer. If the plaintiff is not acting arbitrarily as if to settle the debt. Know that he is not bound to pay or act on which the debt. Violates the prohibition by law or morality, the Commercial Code, Section 407 and Section 411 that a defendant must refund the cost of land has been paid to the plaintiff.
The plaintiff claims trading and permitting the court to the fact that the contract Land disputes between the plaintiff and the defendant, one does not refer to the fact that as a receipt. So there's no stamp duty and no restrictions are placed on the hearing of evidence by the fiscal P. Section 118.
Judgement of the Supreme Court 5817/2551.
Both the plaintiff disputed land to build homes. It would need to adjust the soil filling the high ground from flooding. Which action to occupy the disputed land, living under their Commercial Code Section 1336, although at that time, both the plaintiff already know that. The defendant is requesting the Board of Directors of the Agricultural Land. For the purchase of land disputes with the plaintiff's claims against both But I do not have the same win or lose out so that the two plaintiffs in soil reclamation of land disputes for the benefit of their usable land. It can not hear that the exercise in bad faith. When the defendant transferred the land dispute in the same price as the price of both the plaintiff purchased. Defendant has filled the soil without charge in the reclamation soil. And the value of land disputes increased by comparison with land disputes that have not filled the land reclamation and the increased value of land disputes that Considered as increasing the asset pool of the defendant. What is the property acquired by the defendant to claim a free information law. Windfall should not be the Commercial Code, Section 406 is the defendant must pay the plaintiff's land to both land reclamation.
Judgement of the Supreme Court 3624/2551.
The plaintiff sued the defendant asked to refund the rent issue by the defendant that the defendant has no right to withdraw from the government. Royal decree Rents Government Act 2527 Section 7 (1) on which the plaintiffs are not required to pay to the defendant and the defendant is not entitled to the funds given to the defendant in good faith but understand that They have the right to withdraw the rent under the law. The defendant received the money from the plaintiff thereby acquired without the data will refer to the law. And the disadvantage to plaintiffs. If the plaintiff is entitled to sue the property back into the database called the Civil and Commercial Code, Section 406 Windfall should not be it is subject to the statute of the Commercial Code, Section 419 requires that the plaintiff claims the right to recover from the defendant. 1 year after the plaintiff knows that he has the right to reclaim
Judgement of the Supreme Court 480/2551.
Defendant is entitled to contribution and benefit from the plaintiff's contributions to a particular section In excess of the withholding tax, although the plaintiff may forget to pay tax at source before paying all the money to the defendant. But when the plaintiff to remit taxes to be deducted at source and paid to the Revenue Department. The plaintiff shall have the right to demand money the plaintiff to submit to the Department of Revenue to the defendant and the defendant must be refunded to the plaintiff.
Judgement of the Supreme Court 871/2551.
Land disputes between the acts against which a void with the debtor. Return property arising from the annulment The provisions must be applied by Lapamicyrnadg Commercial Code, Section 172, paragraph two of the first objection is required to refund the disputed land granted by the debtor, unless the full amount until Windfall should not be objection that will be the first. bona fide Has a duty to return the time when it is present in accordance with Section 412 and to restore the debt in default shall be liable to pay the 7.5 percent interest per annum from the time of default on.
Judgement of the Supreme Court 8714/2551.
A defendant proceeds to pay debts to banks. The plaintiff, a bank or the transferee can claim the payments are deducted. Number of bank debt or the plaintiff's own calculation. Of the bank is a financial institution which is a reliable business people. That the defendant would have reason to believe that an understanding and interest at the bank or the plaintiff is correct. No case has held that a defendant solvency calculation is wrong to act on arbitrary virtual One was to pay off debt, knowing that he is not bound to pay the Commercial Code, Section 407.
Judgement of the Supreme Court 5480/2550.
The plaintiff is required of commercial banks to follow. The Bank Act. Bank of Thailand in conjunction with the Bank and the plaintiff. The plaintiff need to know about the rules of interest are well known. The defendant, the plaintiff's customers. The State and the phrase does not appear to show that the defendant reason to know the rules. Bank of Thailand and the Bank in any way, so the plaintiff to the defendant alone, but the money to pay debts because they owe the plaintiff and lead plaintiff. Less various debt management. The plaintiff's calculation of debt by yourself. Coupled with the plaintiff is a financial institution which the business operations of banks. The trust of the people who would have reason to believe that the plaintiff and the defendant understands. Interest correctly. If it does not hold that the defendant solvency calculation is wrong to deliberately violated. Prohibited by law or morality of the people. Or it acts arbitrarily or as if to settle the debt by knowing that He is not bound by law to be paid, which will cause the defendant has no right to. Property has been returned by the Commercial Code, Section 407, so when the contract with the plaintiff's interest is void and times. The loan agreement have not agreed on the same interest, which cause the plaintiff. Have no right to interest prior to default and not the money that the defendant pay the plaintiff ago Deducted from the interest that the plaintiff has no right to think. Need the money to pay debt from the defendant all the money.
Judgement of the Supreme Court 670/2549.
This case provides only that the defendant Sat 2 converted to registered land sale of 715,000 baht to pay off debts unpaid interest to the plaintiff. Does not make a sale to another land. Sat attest that the defendant used another piece of land of 3 converted to sale to third parties, and then proceeds from the sale of 200,000 payment to the plaintiff. Thus attest to the outside word is not like Forbidden to listen to the P.wi.po. Section 87, however, that the defendant Sat attest that the land converted to 2 g of sale to the plaintiff and the plaintiff's son was charged on loan repayment. Attest to the interest due. Not attest to the principal use is not required to show evidence in writing the Commercial Code, Section 653, paragraph two, but when listening to the fact that the loan interest is void because the interest rate trigger. Exceeding the rate prescribed by law. Interest payments are an arbitrary and violates legal prohibitions and Commercial Code, Section 407 and Section 411, which will be deducted from cash payments can not
The plaintiff's statement of the civil court proceedings recorded in the report that Plaintiff received partial repayment to the defendant. Would bind the plaintiff. Therefore the amount of the deductible amount of receivables under Commercial Code, Section 329, paragraph one
Judgement of the Supreme Court 6784/2549.
The Commercial Code, Section 373 agreements to advance the faithful will become null and void shall not be labeled except for accounts receivable. Liable for fraud or gross negligence of their own. When the contract between the plaintiff and the defendant to two to two consent agreements that the defendant liable to plaintiff in the case of fraud to obtain compensation tax, and one of the defendants caused damage to the plaintiff in any event. Is not a contract unless the plaintiff shall not be liable for fraud or negligence. Carelessness of the plaintiff's serious. The contract is not void. When a defendant not entitled to severance pay tax in tax card. Because the act of fraud to obtain compensation tax, and damage to the plaintiff accused the two card transferee tax liability must be committed to the plaintiff need not apply the provisions of the Commercial Code, Section 412 to 418 with Windfall should not be apply mutatis mutandis. Because the case is a case where two defendants are liable under the contract provided the plaintiff in particular, which then acts.
Judgement of the Supreme Court 6459/2549.
Tax cards are worth a sum of money specified in the tax card to replace cash for tax payment to the Department of Customs and Excise Department to Revenue Department. If the tax certificate, it must be considered as Windfall should not be property received for the amount of money by the Commercial Code, Section 412.
Law principles of refund that is Lapamicyrnadg. Who must be refunded in full. The partial recovery Lapamicyrnadg still there at the time the recall because it was given in good faith is an exception. When the defendant claims that the defendant has benefited from the statutory exceptions. The defendant must be raised as a defense in the words of their own. Because the problem is the fact that faith or not. When the defendant filed to date lack. Cases, there is no issue that the defendant received a Windfall should not be the good faith or not.
Judgement of the Supreme Court 4027/2548.
Defendant is responsible to return money to the plaintiff, but as long as the base Windfall should not be plaintiff has not yet. Retrieved, it held that the defendant did not become the default when there is restored. But the defendant did not return. Defendant to be considered as falling into corruption at the beginning, but was restored by the Civil and Commercial Code, Section 415, paragraph two, and become the default will be levied on interest from that time onwards, the first paragraph under Section 203 and Section 204 paragraph. One of the first paragraph of Section 224.
The Supreme Court 5442 - 5468/2548.
Defendant received the plaintiff's retirement pay is calculated according to the Petroleum Authority of Thailand Regulation on the Pension Fund Act 2536, but the Cabinet has approved the plaintiff as a great state. The defendant's right to receive gratuities shall be in accordance with the Cabinet. Plaintiff to calculate pension according to the defendant a new Cabinet retirement pay plaintiff the difference too, because the calculation according to the original defendant has been going to the right of the property because the plaintiff made to pay debts. Without information, the law will be referred to the plaintiff and the disadvantaged. It is the Commercial Code, Section 406 Lapamicyrnadg age, the prosecution called to restore the plaintiff to pay gratuities to return too, and how many would be in accordance with the provisions on Windfall should not be. If the defendant can not rely on gratuities in excess. The plaintiff has no right to make a track out all night under Commercial Code Section 1336.
Judgement of the Supreme Court 823/2548.
The plaintiff employed the defendant as the plaintiff in the year 2539 is positioned as a technician, electronic flight clearance test two The plaintiff was a penalty to cut 10 percent of salary for 6 months from the date of October 1, 2539 until March 31, 2540, but due to defects in the internal operations of the defendant. Ordered the defendant to the plaintiff salaries in 2540 and resulted in a base salary of salaries in fiscal year 2541 error command salaries that are errors with the plaintiff. Money received from the plaintiff by the defendant that is not a command like Thus obtained the information without reference to law. Is Lapamicyrnadg Commercial Code, Section 406, first paragraph, the plaintiff must be refunded to the defendant. But the defendant aware of defects in salaries on November 12, 2541 counterclaim defendants on July 26, 2544 expiration of one year from the time the defendant knew that he had the right to demand a refund under section 419, so terminate the defendant's counterclaim.
Judgement of the Supreme Court 3072/2547.
While the engagement, Mr. A. and Miss B. Miss B. Age is not complete 17 years of age by 15 years old, remnants of such engagement is unconstitutional and Commercial Code, Section 1435, paragraph one shall become void in accordance with In addition, Section 1435, Section 172, paragraph two, paragraph two states that will be returned if the property arising from the annulment The provisions came into force on Windfall should not be. On the fact that the plaintiff did not appear that Ms. B. is missing 17-year-old defendant and Miss B. have to return the betrothal and dowry to the plaintiff under Section 412 and 413 by the plaintiff will be deemed arbitrary payment under Section 407 does not find it so. the plaintiff, the defendant's father and mother, Mr. A. and Miss B. Agreement after Mr. A. and Miss B. Dissolution of living together as husband and wife. That the defendant agreed to refund the dowry and the wedding to the plaintiff. Debt and therefore enforceable. Find it contrary to public order or morality of the people do not.
Note diagnosed by the general meeting resolution No. 4 / 2547.
Judgement of the Supreme Court 10669/2546.
Land disputes in the area of land reform and was in the defendant filed a request to serve it to prohibit a person entitled by the Agricultural Land Reform in the separation or transfer of land rights to others under the Act. Agricultural Land Reform Act 2518, Section 39 of the plaintiff and the defendant made an agreement to buy land dispute is expressly prohibited by law. Commercial Code is invalid under Section 150.
Agreement to buy land disputes is void. Would not result in any claims the plaintiff has no right to demand from the defendant because the penalty is not a result of breach of contract, but the Commercial Code, Section 172, paragraph two states that will be returned if the property resulting from the abolishment The provisions of this Code by Windfall should not be which came into force in accordance with Section 412 states that if the property has been as Windfall should not be is that the amount of money you must return the full amount. The two lower-court judge on Windfall should not be. Justice is not a complaint out of extraneous
Judgement of the Supreme Court 5670/2546.
The defendant has paid taxes back to even on the first floor will have data to refer to the law. But to show that the defendant has no right to be paid is deemed to be unfounded legal claims as well. Thus obtained without the information required by the claim of the plaintiff and disadvantage. Windfall should not be a defendant must be refunded to the plaintiff under the Civil and Commercial Code, Section 406, but the plaintiff to prosecute the claim such money within one year from the time the plaintiff knows that he has the right to recover under Commercial Code section 419.
Judgement of the Supreme Court 4078/2546.
Nor Sor 3 land on a contract of sale void return property arising from acts that are void, the provisions that must be applied with Windfall should not be wit If the property has been as Windfall should not be is the amount of money they must return the full amount that the defendant first must refund the Judgement of the Court of Appeal to the plaintiff both, and the plaintiff both have the right to charge interest from the defendants 1 in the default rate. 7.5 percent per year because of their debt. But that was not apparent to the defendant to demand a refund and get to know, from a defendant when Both the plaintiff would have the right to charge interest from the defendant that a lawsuit has since day onwards. The plaintiff is considered on both a call to the defendant to pay the debt.
The Supreme Court 3923 - 3932/2546.
The plaintiff pay the defendant added to the 2 to 11, a payment under the command of 63/2539 and 64/2539, which entered into force in that time. The receipt of the defendant to 2 to 11, the plaintiff has not been without value as a reference to law. Even later, the command will be canceled any. Both end on the date of such order not to cause any one who does not have a more Or cause to be ended before then. Which are considered the property in the base Windfall should not be under the Civil and Commercial Code, Section 406 is not the age of 1 year, set for Windfall should not be to apply to the case where the plaintiff sued a payment as a refund from the defendant to 2 to 11 are required. the age of 10 years under the Civil and Commercial Section 193/30.
Judgement of the Supreme Court 3534/2546.
The plaintiff terminated the reservation, which the right to terminate the contract. The plaintiff and the defendant must return to the same position as is. The defendant must reimburse the plaintiff from the date of the contract break onwards. According to the Civil and Commercial Code, Section 391, first paragraph, on the refund arising from the termination of this age, the law does not specifically require a 10 year old from the date of termination under Section 193/30 is the age The first year under Section 419 on Windfall should not be not apply. Because when the defendant paid for the room is not like an admission by the data without reference to law.
Judgement of the Supreme Court 2564/2546.
While the settlement is also indebted to T. Taxes accrued revenue department of the plaintiff is one Since taxation is not accurate. The liquidator of the company, which Thor split the remaining assets of the Company to the defendant. Whether the defendant is admitted in good faith or not. It is a violation of the Commercial Code, Section 1269 held that the defendant received money to share data without the law, they claim it is considered that the defendant must Windfall should not be T. refunded to the owner under Section 406 funds.
The Supreme Court 4905 - 4927/2545.
Compensation to the plaintiff by the defendant that the defendant understands the right to receive in accordance with Civil Aviation on the Rights of the advantages associated with employee compensation Act 2539 and the fact the defendant has no right to receive compensation because of the regulations. does not receive approval from the Ministry of Finance. And contrary to the Royal Institute of Civil Aviation, Wed. Fri 2535, Section 38 shall not apply. Thus the acquisition of wealth is nothing. Because the plaintiff's action for payment without the information required by the claims. And the disadvantage to plaintiffs. Prefer to use the plaintiff claims the defendant to return the compensation received by the plaintiff based Windfall should not be Commercial Code, Section 406 is not such a case the defendant took the plaintiff's property without the right to take it. The plaintiff is not entitled to use their track took back the property under Section 1336.
Civil and Commercial Code, Section 419 permits the victim to bring a lawsuit to recover property from people who have property Lapamicyrnadg base within one year from the time the injured party know that they have the right to reclaim Not within one year from the exercise of the victim wishes to restore.
Judgement of the Supreme Court 3942/2545.
Plaintiff's contract reservation land with buildings from the defendant. The pay 274,600 baht, but on the day of the purchase and sale agreement that the plaintiff had an agreement that the plaintiff unfairly taken advantage of a number of characteristics. Intent to modify the contract is correct and fair that the defendant before the construction was completed when The separation of ownership with title deeds, including the payment when Where are all the normal tradition of trading in the nature of the defendant must act and act to modify any agreement, contract for all items requested by the plaintiff. The plaintiff and the defendant has not yet promised to each other by Commercial Code, Section 366, paragraph one of the purchase and sale agreement has not occurred that the defendant received the money thus received without the information required by the claims. Must be refunded to the plaintiff based Windfall should not be the Commercial Code, Section 406, paragraph one with interest.
Judgement of the Supreme Court 1112/2545.
Insurance corporation named d. A beneficiary. The beneficiaries, must be a vested interest in property insured under the Civil and Commercial Code, Section 863 is not the case as this is a contract for the benefits of third parties that the Corporation d. Will be entitled to compensation if a casualty when the intent. that We will continue to benefit from the policy, then the plaintiff under Section 374 not only has the name as the beneficiary will be entitled to benefits when corporations d. No intention to be a beneficiary. It does not have any rights under the policy. D on the right of the Corporation. Is not under legal age. Defendant as the insured party insurance would be a beneficiary to receive compensation under Section 861 of the accused to receive compensation from the plaintiff. Thus it has been lawfully Windfall should not be is not in accordance with Section 406.
