Section 461 needs to send the seller of the property is sold to the buyer.
Section 462 deliveries would be made at any one end, but as a result, the property is in the hands of the buyer.
Section 463 requires that if a contract to sell property which is sent from one to another Asrng you that delivery would be completed when property is delivered to the carrier.
Section 464 transportation assets, which have traded to a place other than that of the debt is payable. Buyers should exercise
Section 465 in the sale of movable property that
(1) If the seller of the property less than promised. You, the buyer will not be dressing up any bad rounds. But if the buyer took the property is. The purchase price was required by section
(2) If the seller of the property than it has promised. Buyers will get him out of such property, but only a contract and then rounded off than waste time or to ward off a whole but not take it at all. If the buyer took the property which he delivered such a complete set. The purchase price was required by section
(3) If the seller of the property as a covenant between a man and other properties. Not included in the contract know that You, the buyer will accept the property, but under the agreement. And then rounded off than waste time. Rounds or lose entirely.
Section 466 in the sale of the property. If all the indicated number of area. And the seller of the property or a lot less than that promised know that You, the buyer will pay round. Or will adopt and use the price of his or her discretion, but will select
Furthermore, if defective or edge of not more than five percent of the entire area. Stated that know that You, the buyer must accept the price and the buyer but the section may terminate the contract. When defective or broken on the edge of the size if the buyer has before. And would not enter into such contracts.
Section 467 in an liability for defective or edge of the property that You shall not bring a lawsuit after the expiration of one year from the time of delivery.
Section 468 if the contract does not set the price Terms of time know that Sellers prefer to withhold the property until the sale price.
Section 469 if purchased before the bankruptcy of the property better. Bankruptcy or the buyer who then traded in by the seller did not know better. Or purchase of securities made to provide money to ensure that deterioration. Less good or bad. Even if the contract is scheduled Terms of time the price. I like the seller to withhold property to be sold. Unless a buyer is looking for insurance should be.
Section 470 if the buyer defaults. The sale of seized property to defer all of the above section. May use the following solution instead of solving common in non-repayable Notice is a letter to the buyer the price both on the shop. Within a reasonable time in which to set down the notice itself.
If the buyer does not pay to ignore the notice. Sellers may have to auction the property.
Section 471 on the money in the auction amounts, how much The seller to deduct the amount I owe to ourselves to shop on price and value of it and if it still has money left. , Then delivered to the buyer promptly.
Judgement of the Supreme Court 7030/2549.
The plaintiff sued the defendants breach of contract to buy and sell land because land can not be delivered to the plaintiff and the plaintiff terminated the contract and take legal action as plaintiff would deposit a given night, and if the plaintiff has been damaged there. Penalty or claim damages from the defendant by the plaintiff and the Commercial Code, Section 391 after the six defendants made an agreement to buy land and each other. Bangkok has entered into the streets in the said land before the meeting by claiming ownership. That the original owner of the land to raise some of the land is public, but the contents listed. Land does not appear that the original owner to register the notification in the register table. Registration in any way. All six defendants are probably not aware of the original owner of some land to raise. Public of. The defendant can not transfer land to the plaintiff was required under the contract, it's out. Vision due to causes which the defendant shall not be responsible. The plaintiff has no right to claim damages from the defendant by a fine or Commercial Code, Section 218, paragraph one
Judgement of the Supreme Court 1094/2549.
Agreement to purchase units in condominium projects Sricharoen Condotown the plaintiff to the defendant to an agreement that a defendant is under construction to be completed within the condominium. Repayment would cost the plaintiff to the defendant, one of the defendants created a complete suite of international agreements. Would have only the front wall of the condominium construction is not completed. This just is not that a breach of contract, the defendant caused the plaintiff to terminate the agreement. Because of the breach of contract agreement, which will cause the other party. The right to terminate the contract. Size must be important. Although condominium construction to be completed includes a common property. The front wall, a condominium But the wall is just the property that will facilitate the use of flat In addition, the notice of termination of the plaintiff did not identify specific barriers in front of building shows that the plaintiff does not equate the construction of the wall size is important if That the defendant, a breach of contract, this will not enter into a contract with the defendant so that the wall has not completed construction contracts, while the defendant a written notice to the plaintiff to the ownership transfer. It does not cause the right to terminate the contract to the plaintiff. The plaintiff has no right to terminate a contract for the defendant.
Judgement of the Supreme Court 4390/2547.
Although the purchase and sale agreement document refers Mon 8 indicates meat to buy and sell land 31 Rai 3 each of 4 square meters, but more were recorded in the notes that The sale will be surveying the field test new How much space is actually thought to be surveying the area of the new If the area is more or less than in the plot to think about the price 350,000 baht per rai, which is the purchase and sale of land area were charged on the actual surveying. Does not mean the purchase and sale of meat given to the Commercial Code, Section 466 of land surveying, land disputes have even less space than five percent of the meat in the plot of land they do not constitute the right to terminate the contract under Commercial Code Section 466.
Judgement of the Supreme Court 802/2546.
Defendant disputes a car from the second defendant to pay for the checks after the defendant sold the car to a dispute to the plaintiff. The plaintiff paid full price and received the settlement from the defendant, a car, although a check that the defendant automobile dispute settlement is the Bank refused to pay. Car trade dispute between the defendant and the second one is strictly a trade done. Ownership transferred to the defendant, a buyer from the time when the contracts under the Civil and Commercial Code, Section 458 of the settlement, not in terms of ownership.
Motor vehicle is a vehicle control law. Applying to be registered cars and car tax is required before the Act. Section 6 states the car, so the vendor will also deliver cars and contracts. Has a duty to the buyer has registered and used car tax. Interests desire a real debt defendants 2, as the seller is required to deliver document registered to the defendant, 1 and the defendant, one as a sales vehicle disputes are responsible for delivering such documents to the plaintiff user. buy
Judgement of the Supreme Court 8319/2543.
The defendant is a car owner who has not registered and taxable year. The plaintiff agreed to sell its cars in a manner that the property for use as motor vehicle operating With the power of the machine. Under the condition of the property as a trade agreement as a delivery vehicle in a car. Not a scrap and the defendant must be delivered to the plaintiff that the car has meant that Defendant to act as necessary to the plaintiff registered the car, when cars. Defendant has not registered to sell right No need to remove the defendant is considered a suitable delivery vehicle is not suitable to be used for Benefits of contracts. Means of repayment of old defendant did not complete the objectives of the contract. In addition, the defendant has ties to inform the plaintiff of the transfer vehicle to the registrar. In order to come even though the plaintiff may deliver a car to the hire-purchase and possession of Rama and vehicle sales accused must have and show plates. And the completion of the Ministerial Regulation. The plaintiff shall be entitled to claim repayment in full operation accused of age.
Judgement of the Supreme Court 2162/2542.
Civil and Commercial Code, Section 467 not to sue in case of delivery of defective or purchase property from the edge of. The trade agreement after the expiration of one year from the time of delivery, so if the buyer want the seller claims to provide land The shortage to meet the agreed trade. The buyer must sue the seller liable for the lack of delivery of such property to the buyer within one year from the date listed. The plaintiff sued the defendant did not deliver land to be defective The amount traded to the plaintiff. But if the plaintiff is complaining Payment for purchase of land called the plaintiff to the defendant to pay some As the defendant returned to deliver the land from these defective trade agreements and trade law, the defendant can not claim. To receive the funds held by love. It is a property return filed by the base Lapamicyrnadg Civil and Commercial Code, Section 406 case requiring a prescription, on Lapamicyrnadg provided under Section 419 prohibits the prosecution after the expiration of one year since When the injured party know that they have the right to reclaim Or after the expiration of ten years from the time when such rights have been made. The plaintiff listed the defendant land Parties on November 27, 2533 which held that the defendant had delivered the land. The trade to the plaintiff by the likes of that date. The plaintiff's rights. The defendant to file a claim for refund based Lapamicyrnadg occurred. But just came to know that the plaintiff purchased land from the defendants lack When the number has changed from a certificate for the land. Certificate as a plot of land by government agencies. Issued to the plaintiff on November 18, 2535 and bring the case to sue. Lapamicyrnadg a refund based on the case Aug. 27, 2536 is not the lapse of one year does not terminate the plaintiff's case. When there is no law about the age of commerce. Otherwise. To treat each contract must be considered general. The general age of ten years. According to the Civil and Commercial Code, Section 193/30 of the defendants filed a case against that Do not do contracts with Terminate the plaintiff and the plaintiff's case then. Cases has the issue in dispute. Defined only by the District Court that Defendant to the plaintiff sued under the contract and terminate the plaintiff's case or the defendant appeal not only to issues that the defendant delivered to plaintiff's land. Been met and the plaintiff's land area is missing because it has been well. Roads and other problems in addition to even the defendant may have. Attest to attest it is considered a non-word, and extraneous Disputes can be considered as an admonition to not raise the same ago The favorite in the court of first instance The sale of the land will be delivered to the lack of how much and for any reason, it is not a problem associated with public order. Court of appeals did not get these problems under the Code of the defendant. Civil and Commercial Code, Section 225 well
Judgement of the Supreme Court 2041/2542.
The plaintiff filed a partial payment for purchase of land to the defendant to pay back too. The amount the defendant admitted without reference to the information law. It is Lapamicyrnadg. This is not to sue the defendant liable for the base property, which traded lack Therefore the age of the Civil and Commercial Code, Section 467 does not come into force. If the age of the information required under Section 419 Lapamicyrnadg defined the age of 1 year from the time the injured party is the plaintiff buyers know that they have the right to recover or after 10 years from the time when such rights have been made.
Official land The deed to the plaintiff on October 12, 2535 identified lack of land to the meat of the plaintiff to the defendant to settle. After surveying the course to check it again and then edit the title specified. Meat land on 22 November 2536, so age of 1 year would start from checking know exactly then is the date of November 22, 2536 plaintiff filed the case on April 1, 2537 not later than 1 year and not more than 10 years since the settlement date of the plaintiff's case too, so do not terminate the. Defendant must refund the excess to the plaintiff both
Judgement of the Supreme Court 1396/2539.
Agreement to purchase land stating that the seller is registered land transferred to the office. After the sale of land surveying division title deed has been completed up to. 18 months are not conditions precedent, but an agreement to register the transfer. Land ownership to the buyer that the seller will have to divide the land and the registration of the transfer. To the buyer within this period, which is not impossible is not void. The plaintiff knew that the land dispute where the plaintiff has agreed to acquire from the defendants. Other owners include when the plaintiff sued the defendant for the sole force for Separate plot of land where the transfer to the plaintiff under the agreement could take effect. Affect the rights of owners include people who are not into the case and no witness Terms of a separation deed under the Civil and Commercial Code, Section 1364, paragraph two words. Request of the plaintiff in this section can not be forced to request the court to lift, but not restrict the plaintiff to the defendant filed a new contract is trading at fault by not split the title deed and registered. Transferred to the plaintiff within the prescribed period, the defendant must use the damages to the plaintiff. And even though the plaintiff's contract does not attest to demonstrate explicitly that the plaintiff as damages. The amount specified in the agreement the court has the power to determine damages to the plaintiff as he thinks fit.
Judgement of the Supreme Court 2489/2536.
Contract dispute Car conditions indicate that the disputed ownership of the vehicle is not transferred to the buyer until full payment for the period specified in the contract shall become enforceable. According to the Civil and Commercial Code, Section 459 and the contract states that if the buyer failed to pay the price period. Sellers have the right to dispute and possession of vehicle by public auction shall be entitled to and When the sale is not enough money already. Buyers willing to pay money that is lacking. When the buyer failed to pay the price and the seller took the car out in dispute fried Market under the Civil and Commercial Code, Section 470, and 471 had no money and then 55,260 more U.S. buyer and guarantor is liable. It is considered a cash settlement price of the car is missing. And this amount is no longer any such agreement shall be for damages, so the non-penalty contracts Article 6, paragraph two states that if the buyer failed various payment schedules specified in the contract. Or failed to pay any debt under this Agreement, the buyer agrees to pay interest to the vendor rate 15 percent per year, amounting to 55,260 baht, a silver price of cars disputes absent is the annuity various stimuli from the user. Buy failed to pay the plaintiff the period specified in the contract. Sales are eligible for 15 per cent interest rate per annum of the purchase agreement.
Judgement of the Supreme Court 3115/2535.
Defendant contracted to sell land to the plaintiff. The agreement that When the mortgagee bank to redeem the mortgaged land any day. Defendant to register the transfer of land to the plaintiff on that day. Means that the bank would allow redemption of mortgage debt in the correct amount with When it appears that the number of bank debt to allow the defendant to pay to redeem the mortgage to have. A dispute settlement case is different. The Bank will consider allowing redemption of the mortgage, then do not. The defendant has taken action to redeem the land dispute but as a hindrance. Of a dispute with the bank such mortgagee shall not hear that the defendant deliberately did not. Comply with an agreement to buy land on which the plaintiff's breach of contract. The plaintiff has no right to force the defendant to comply with the agreement.
Judgement of the Supreme Court 2881/2531.
Defendant contracted to sell the dispute to the plaintiff. Conceal the truth not told by the plaintiff know that there are buildings on the other. The said land. Later, building owners have objected to the transfer and the defendant can not agree with Building owners, until the dispute can not be transferred to the plaintiff under the contract. Defendant is at fault contract Must return the deposit and damages to the plaintiff.
Judgement of the Supreme Court 4519/2530.
The plaintiff purchased the car from the defendant, a settlement by settlement, and some have disputed ownership of the car then. But allowing the defendant to a plaintiff based on plaintiff's car because the payment for the car is not due under the contract. And the debt is paid to the defendant, who owned a car in the dispute shall be unlawful The right to withhold the car. Until it is paid back. Required under the Civil and Commercial Code, Section 241 and Section 468.
Judgement of the Supreme Court 2678/2526.
The plaintiff sued the translation that the plaintiff purchased radio and then give the seller the agent to take the radio. To transport the defendant to the plaintiff and the plaintiff in that attest to the seller to do. That acts on behalf of the plaintiff. The plaintiff is to pay shipping costs themselves. The seller had represented the plaintiff in the road transport agreement with the defendant. The plaintiff is the injured party is authorized to sue the defendant liable under a contract of carriage.
Force majeure event must be wrong to think beyond that will be held. If this is the case that may prevent the disaster if they exercised reasonable care and management. Why is not the indefensible Carriage road to the defendant by the plaintiff to carry in the car. If an employee of the defendant be careful monitoring products carried in. Rest the park. Criminals will not be able to steal the radio, so the vision will be prevented. Not considered as force majeure.
Judgement of the Supreme Court 118/2523.
Buy Steel defendant from the plaintiff by the agreement that If the defendant can not pick up the steel was sent to the plaintiff to the defendant at the defendant's stores in other provinces of the plaintiff the defendant can not pick up so that the carrier's truck to the defendant. But the defendant did not get lost during transport because of the defendants are not liable to the plaintiff's settlement.
Judgement of the Supreme Court 1748/2522.
The sale of the property under the Civil and Commercial Code, Section 463 is not a diagnosis that transfers ownership of the property sold to the buyer or not, because the delivery is a function, one of the seller's only title. The sale would transfer the property to the buyer since the time when the contracts in accordance with Section 458 and to lift out the provisions on transfer of ownership to the buyer or not in any way. Trading is the right diagnosis, but the buyer's contract of carriage which are not. It is right under the law provided for different styles together. When in any manner they require that the law of force.
Judgement of the Supreme Court 241/2492.
Contracts 230 sacks of rice each Phetchaburi province agreed to send the train and deliver the same province, Chumphon Send seller has to buy a box of 115 bags later, the train is damaged. The seller agrees to buy rice for the remaining boat. Management vendors to employ tankers and sent to the buyer and then show that rice is not sent. Buyers are to hand. Sellers will have the responsibility to be liable under the original buyer.
Manufacturers carried it. Non-carrier as defined in Civil and Commercial Code, Section 463608.
Judgement of the Supreme Court 7030/2549.
The plaintiff sued the defendants breach of contract to buy and sell land because land can not be delivered to the plaintiff and the plaintiff terminated the contract and take legal action as plaintiff would deposit a given night, and if the plaintiff has been damaged there. Penalty or claim damages from the defendant by the plaintiff and the Commercial Code, Section 391 after the six defendants made an agreement to buy land and each other. Bangkok has entered into the streets in the said land before the meeting by claiming ownership. That the original landowners raised some land to the public. Listed in the table, but the land does not appear that the original owner to register the notification in the register table. Registration in any way. All six defendants are probably not aware of the original owner of some land to raise. Public of. The defendant can not transfer land to the plaintiff was required under the contract, it's out. Vision due to causes which the defendant shall not be responsible. The plaintiff has no right to claim damages from the defendant by a fine or Commercial Code, Section 218, paragraph one
Judgement of the Supreme Court 4390/2547.
Although the purchase and sale agreement document refers Mon 8 indicates meat to buy and sell land 31 Rai 3 each of 4 square meters, but more were recorded in the notes that The sale will be surveying the field test new How much space is actually thought to be surveying the area of the new If the area is more or less than in the plot to think about the price 350,000 baht per rai, which is the purchase and sale of land area were charged on the actual surveying. Does not mean the purchase and sale of meat given to the Commercial Code, Section 466 of land surveying, land disputes have even less space than five percent of the meat in the plot of land they do not constitute the right to terminate the contract under Commercial Code Section 466.
Judgement of the Supreme Court 1261/2543.
Book an agreement to sell or deposit agreement states that the land continued. Guarantee the interests of (Nor Sor 3 Kor) 3 conversion (Miss. 3) do not specify a conversion, even meat each plot of land. But also specifies the number of total area, which is the sum of the four meat land conversion. Subsequently, a possessory right to transfer land under the Nor Sor 3 Kor land conversion by 3 3 Ms. bought or did not transfer well because the land does not connect to the same piece, so there. Change land The land abutting the land three conversions quoted above. Pricing and land price is calculated as square. The seller must reimburse the buyers because the new land with an area of less than Same land. The land price is calculated using the return match the agreed sale price, but first Demonstrates the intention of the plaintiff and the defendant that the sale of such land to fall. Meat is a significant land. Not on a wholesale When the defendant delivered less property than the agreed upon by the plaintiff did not refuse, but accept. Remove them and use land under the land under the Civil and Commercial Code, Section 466, paragraph one, when the plaintiff to pay for the purchase of land is too partial to the defendant and to take legal action. Because the funds returned to the defendant to deliver the land from trading defective. Number of trade agreements and the defendant can not claim that the law will get the funds. The lawsuit calls it like the back base Lapamicyrnadg property under the Civil and Commercial Code, Section 406.
Judgement of the Supreme Court 975/2543.
Civil and Commercial Code, Section 466, paragraph two of the Real Estate Transaction on the seller of the property and lack of fall Advanced defective or not more than five percent of the total area to be noted that the law is not about peace or good morals of the people. The parties may be specified in the contract is different from this provision. The agreement specified in Article 2 (b) if different from unit area of five percent or more. The parties continue to be bound. The price payable under the contract increase or decrease proportionally. Is not contrary to law and enforceable under the Civil and Commercial Code Section 151 even if an agreement is enforceable. But the court had to interpret the contract according to the wishes of the parties in good faith by Examines the usual tradition under the Civil and Commercial Code, Section 368, and when there is no doubt that agreement. The plaintiff must be bound by the contract or not. Court shall be construed to be, you have to pay the plaintiff the debt under the Code. Civil and Commercial Code, Section 11, the plaintiff has the right to terminate this contract. Since the size of the edge if the plaintiff would not have known before the contract is made in accordance with Civil and Commercial Code, Section 466, paragraph two, which resulted in the parties must return to the original position. According to the Civil and Commercial Code, Section 391.
Judgement of the Supreme Court 6259/2541.
Contracts to buy and sell land dispute stating that the issue is settled will be sold. And purchase agreement to buy land or land and buildings as follows: 3 a. land, Ms. No. 2571 an area of approximately 1,550 square meters (3 rai 3 ngan 50 square meters), the parties agreed price. Land or land with buildings. To trade at the amount of 3,400,000 baht and the purchase and sale agreement did not specify. That land price per square much as when the contracts are traded. Did not specify the price of that Rai, or how much per square wah. And meat to sell land, but also a shift approximately But has priced in a manner which 3.4 million U.S. sales total to the same shows that the intent of the parties is not considered out of area Soil material. Plaintiff's own meat inspection of land several times. Is not interested in holding land as an exceedingly important meat anymore. Moreover, according to an agreement to buy land dispute issue will discuss the liability of the sale. Or the defendant, but only on a mortgage-free. The front right or obligation Any other matter which is different to any liability in the property. Advanced defective or not mentioned at all of the parties as a different purpose is not to be liable to each other about Advanced defective or texture of the land that may occur in the future be regarded as a contract of sale or conversion of land and raise Khriehamr Whether the sale of land to be defective Edge of the plaintiff or the defendant will call the money for purchase of land or land that night. Also absent from each other is not.
Judgement of the Supreme Court 3754/2540.
Contract to purchase the land of the plaintiff and the defendant intended by the land. Flesh out the land, indeed If it does not wish to be bound as a land of meat, of course it was the defendant. Why this should be specified to appear in the contract. But the defendant did not specify. If need with the provisions of the Civil and Commercial Code, Section 466, which decreed that the buyer does not have the right to refuse admission if any defective or Advanced that amount over five percent of the entire area specified. When the defendant notified the plaintiff transferred land less than the amount in accordance with Contracts than five percent of the total area. Plaintiff as the buyer shall have the right to reject and not transferred to the defendant had terminated the contract. The plaintiff sued, stating that Authorized the plaintiff. That. The prosecution represented a defendant does not make the fight about this, so listen to the facts that the plaintiff is authorized to stop that. To bring a lawsuit instead. The plaintiff need not submit power of attorney referred the case to court to sue the other, so that any petition of the defendant. The plaintiff claimed the document did not pay for this power of attorney to prosecute. Is not trivial to be diagnosed.
Judgement of the Supreme Court 5228/2539.
Defendant delivered a land dispute that the plaintiff is less than the area of trade agreements. Contract to deliver nearly half the land size, which, if defective. The plaintiff would not have known before entering into a contract with the defendant, the plaintiff certainly has. Have the right to reject or terminate the agreement to pay a defendant to reject the plaintiff does not accept transfer Settlement of land disputes and land disputes remaining defendants to a case under the contract. The plaintiff must be deemed to have terminated the contract of a defendant under the Civil and Commercial Section 466, paragraph two, then each party must return to the other party. Return to the original position under section 391 that a defendant must return the deposit to plaintiff.
Judgement of the Supreme Court 5197/2538.
The defendant made the purchase and sale agreement with T. Then the defendant has entered into contracts to sell the rights to the plaintiff, and T. was transferred to the plaintiff and the land dispute. But missing from the area of land, an agreement to buy land that the defendant made to the company safe. Of 87 square meters, which under the agreement, the company safe. Agree to charge 4,000 baht per square wah, and Thor has to refund the lack of land, so when the plaintiff's rights under the transfer agreement to buy land from the defendant to be bound by it. Agreement to buy land with the defendant. Thor when the plaintiff has paid for land that lack it, it will call for payment. Lack of land which is not the defendant who sold land to the plaintiff also can not If not required by the Civil and Commercial Code, Section 466.
Judgement of the Supreme Court 7697/2538.
The plaintiff and the defendant that a contract to buy and sell units. Approximate area of 157 square meters when the defendant appeared to complete a construction condominium units with an area of 206 square meters, exceeding the fraction of 5 percent of the area specified in the contract. Therefore reject the plaintiff does not accept delivery of and payment for such units. But it will get delivered in the area 157 square meters with pay for the rest of the same area. But when the purchase and sale agreement specified that The sale agreement to purchase the unit with No. 205, 2nd Floor, equivalent to the area of personal property which is approximately 157 square meters as shown in the plans of condominium, the red line marked on the attached contract. If more space or less. Parties agree to increase or decrease in proportion to the price of the purchase price above shows that the party is a plaintiff and the defendant intended to buy and sell each unit. The material is not - important areas of the suite that will be an area only about 157 square meters or less, if more space. Parties agree to increase or decrease the price based on the ratio of the price each buyer. Such agreements are enforceable. Provisions of the Commercial Code, Section 466, paragraph two, not the law concerning the public peace. When it appears clear that the plaintiff and the defendant agreed to a contract which is not an exception to the above-mentioned law enforcement. The first plaintiff and the defendant must be bound together by contract terms agreed upon. The plaintiff has no right to reject the unit area did not get up and calling for a defendant to offer a condominium unit in the area estimated by the defendant to a contract when a unit is completed and delivered to the plaintiff. But the plaintiff refused to pay for ignoring the units within the first defendant, without notice, reason to claim under the law. The plaintiff is a fault contract
Judgement of the Supreme Court 1243/2538.
The second defendant is the plaintiff in the lawsuit claimed that after the phrase. After the land sale contract with the plaintiff already Later inspection of land that no land gate And the area lost approximately 3 Rai plaintiff to reject the defense without the explicit agreement that the land is not traded. Area is missing the plaintiff's complaint must admit that listening to that land under the lawsuit. Area lost approximately 3 rai of land under the trading element has a total area of 15 rai 2 ngan 36 square wah, when space is missing, approximately 3 Rai of missing it exceeds five percent of the defendant, 2 the buyer has the right to reject not transferred the land from the plaintiff.
Defendant to an attached check the interest under the contract will be traded after the defendant, 2 found that the land under contract will trade area lost about 3 RAI can be considered an attachment arising from the defendant, two have the right to refuse does not accept transfer of land and Termination will trade under the Commercial Code, Section 466 does not breach the contract is trading that is why the plaintiff claimed the right to terminate. Contract and forfeit the deposit agreement to trade.
Judgement of the Supreme Court 698/2536.
When a message indicating that the defendant in permitting sale of land had been delivered by Ms. Na 3, and then traded to the plaintiff. Later, when the plaintiff and the defendant to a letter to the official land register. Registration at the District right of redemption. If the plaintiff is the listener that received the land from unlawful trading and then. From the plaintiff and the defendant to register. The plaintiff filed the case to a shortage of land after the expiration of one year from the date of registration. Shall terminate the plaintiff's lawsuit under the Civil and Commercial Code, Section 467.
Judgement of the Supreme Court 2162/2542.
Civil and Commercial Code, Section 467 not to sue in case of delivery of defective or property transaction amount advanced. From the trade agreement after the expiration of one year from the time of delivery, so if the buyer want the seller claims to provide land The shortage to meet the agreed trade. The buyer must sue the seller liable for the lack of delivery of such property to the buyer within one year from the date listed. The plaintiff sued the defendant did not deliver land to be defective The amount traded to the plaintiff. But if the plaintiff is complaining Payment for purchase of land called the plaintiff to the defendant to pay some As the defendant returned to deliver the land from these defective trade agreements and trade law, the defendant can not claim. To receive the funds held by love. This action is called property.Windfall should not be under the Civil and Commercial Code, Section 406 case requiring a prescription, on Lapamicyrnadg provided under Section 419 prohibits the prosecution after the expiration of one year since When the injured party know that they have the right to reclaim Or after the expiration of ten years from the time when such rights have been made. The plaintiff listed the defendant land Parties on November 27, 2533 which held that the defendant had delivered the land. The trade to the plaintiff by the likes of that date. The plaintiff's rights. The defendant to file a claim for refund based Lapamicyrnadg occurred. But just came to know that the plaintiff purchased land from the defendants lack When the number has changed from a certificate for the land. Certificate as a plot of land by government agencies. Issued to the plaintiff on November 18, 2535 and bring the case to sue. Lapamicyrnadg a refund based on the case Aug. 27, 2536 is not the lapse of one year does not terminate the plaintiff's case. When there is no law about the age of commerce. Otherwise. To treat each contract must be considered general. The general age of ten years. According to the Civil and Commercial Section 193/30.
Judgement of the Supreme Court 2041/2542.
The plaintiff filed a partial payment for purchase of land to the defendant to pay back too. The amount the defendant admitted without reference to the information law. It is Windfall should not be. This is not to sue the defendant liable for the base property, which traded lack Therefore the age of the Civil and Commercial Code, Section 467 does not come into force. If the age of the information required under Section 419 Windfall should not be defined the age of 1 year from the time the injured party is the plaintiff buyers know that they have the right to recover or after 10 years from the time when such rights have been made.
Judgement of the Supreme Court 6368/2541.
The plaintiff and the defendant agreed land disputes under the contract to buy and sell And is registered to transfer the land dispute together already. The contract states that the sale of land by Ms. 3 g total area of 92 acres and 3 copies of a defined area of 92 rai in the contract that if the surveying and then less than 90 rai, the seller is willing to pay the amount due. provided by the pay. Compensation is 43,000 baht per rai, the plaintiff sued the defendant. To compensate for the missing property. Therefore the action to perform. Under the agreement to buy and sell rights to sue a refund under this law does not specifically define the age. There was an age of 10 years under the Civil and Commercial Section 193/30 agreement to buy and sell made on July 17, 2533 plaintiff filed the case on September 15, 2536 not exceeding 10 years, the plaintiff did not terminate the action.
Judgement of the Supreme Court 9150/2539.
Contracts specify that Land area of about 65 rai Price 4300 baht per rai showing that the parties intended the meat of land considered significant. The meat trade is the number of land sale contract is not the whole land, the plaintiff filed a fee to convert some land back by claiming that the defendant delivered less than the land. Trade agreement. Is sued for a refund Windfall should not be base. Not sue, liability for defective or edge of the property. The subject must be aged Windfall should not be apply.
Judgement of the Supreme Court 9150/2539.
Contract states that the land area of about 65 3 by Miss Rai 3 Rai 48 square meters per person in 4300 to Baht 2,838,000 Baht money would show that the parties intended the land to hold the meat material. The meat trade is the number of land Land sale contract is not the whole conversion? \.
The plaintiff filed a fee. Land part of 1,133,802.50 Baht night claiming that the defendant delivered less land than the land under the trade agreement. If it is to sue the defendant to refund the base Windfall should not be. Not to sue the defendant to liability for defective or edge of the property. Therefore the age of the Commercial Code, Section 467 does not come into force. To bring about prescription Windfall should not be the Commercial Code, Section 419, which prohibits the prosecution after the expiration of one year from the time the injured party know. That they have the right to reclaim Or after the expiration of ten years from the time when such rights have been made. The plaintiff knew that the land shortage in April 2535 and the plaintiff filed this lawsuit on July 2, 2535 expiration of a year not to sue does not terminate the plaintiff.
Judgement of the Supreme Court 2996/2536.
Yu Sun and a year under the Civil and Commercial Code, Section 467 is a case where the seller of the property to the buyer, and then appeared later that Advanced defective or of such property. Call the seller to liability in order to enforce the provisions of this Section. But if the buyer asked the seller to pay the penalty based breach of contract does not deliver the goods. Buyers within the contract and the seller liable for that price. Shopping cart to compensate someone for the increment There is no legal age limit of the particular There was an age, generally under the Civil and Commercial Code, Section 164 is scheduled 10 years.
Judgement of the Supreme Court 2100/2535.
The defendant made an agreement to buy and to sell land to the plaintiff of 104 square meters will divide land from a land force a large land plots 4 to convert the area to convert 26 per square later on separation and appeared to land four conversions area conversion. per 24 square meters of land to convert meat lack of 2 square meters including 8 square is considered the defendant seller to deliver the property to purchase land which lack Plaintiff to prosecute the defendant liable for plaintiff's land separating the other eight square meters or pay money instead of within one year from the time of delivery under the Civil and Commercial Code, Section 467.
Section 462 deliveries would be made at any one end, but as a result, the property is in the hands of the buyer.
Section 463 requires that if a contract to sell property which is sent from one to another Asrng you that delivery would be completed when property is delivered to the carrier.
Section 464 transportation assets, which have traded to a place other than that of the debt is payable. Buyers should exercise
Section 465 in the sale of movable property that
(1) If the seller of the property less than promised. You, the buyer will not be dressing up any bad rounds. But if the buyer took the property is. The purchase price was required by section
(2) If the seller of the property than it has promised. Buyers will get him out of such property, but only a contract and then rounded off than waste time or to ward off a whole but not take it at all. If the buyer took the property which he delivered such a complete set. The purchase price was required by section
(3) If the seller of the property as a covenant between a man and other properties. Not included in the contract know that You, the buyer will accept the property, but under the agreement. And then rounded off than waste time. Rounds or lose entirely.
Section 466 in the sale of the property. If all the indicated number of area. And the seller of the property or a lot less than that promised know that You, the buyer will pay round. Or will adopt and use the price of his or her discretion, but will select
Furthermore, if defective or edge of not more than five percent of the entire area. Stated that know that You, the buyer must accept the price and the buyer but the section may terminate the contract. When defective or broken on the edge of the size if the buyer has before. And would not enter into such contracts.
Section 467 in an liability for defective or edge of the property that You shall not bring a lawsuit after the expiration of one year from the time of delivery.
Section 468 if the contract does not set the price Terms of time know that Sellers prefer to withhold the property until the sale price.
Section 469 if purchased before the bankruptcy of the property better. Bankruptcy or the buyer who then traded in by the seller did not know better. Or purchase of securities made to provide money to ensure that deterioration. Less good or bad. Even if the contract is scheduled Terms of time the price. I like the seller to withhold property to be sold. Unless a buyer is looking for insurance should be.
Section 470 if the buyer defaults. The sale of seized property to defer all of the above section. May use the following solution instead of solving common in non-repayable Notice is a letter to the buyer the price both on the shop. Within a reasonable time in which to set down the notice itself.
If the buyer does not pay to ignore the notice. Sellers may have to auction the property.
Section 471 on the money in the auction amounts, how much The seller to deduct the amount I owe to ourselves to shop on price and value of it and if it still has money left. , Then delivered to the buyer promptly.
Judgement of the Supreme Court 7030/2549.
The plaintiff sued the defendants breach of contract to buy and sell land because land can not be delivered to the plaintiff and the plaintiff terminated the contract and take legal action as plaintiff would deposit a given night, and if the plaintiff has been damaged there. Penalty or claim damages from the defendant by the plaintiff and the Commercial Code, Section 391 after the six defendants made an agreement to buy land and each other. Bangkok has entered into the streets in the said land before the meeting by claiming ownership. That the original owner of the land to raise some of the land is public, but the contents listed. Land does not appear that the original owner to register the notification in the register table. Registration in any way. All six defendants are probably not aware of the original owner of some land to raise. Public of. The defendant can not transfer land to the plaintiff was required under the contract, it's out. Vision due to causes which the defendant shall not be responsible. The plaintiff has no right to claim damages from the defendant by a fine or Commercial Code, Section 218, paragraph one
Judgement of the Supreme Court 1094/2549.
Agreement to purchase units in condominium projects Sricharoen Condotown the plaintiff to the defendant to an agreement that a defendant is under construction to be completed within the condominium. Repayment would cost the plaintiff to the defendant, one of the defendants created a complete suite of international agreements. Would have only the front wall of the condominium construction is not completed. This just is not that a breach of contract, the defendant caused the plaintiff to terminate the agreement. Because of the breach of contract agreement, which will cause the other party. The right to terminate the contract. Size must be important. Although condominium construction to be completed includes a common property. The front wall, a condominium But the wall is just the property that will facilitate the use of flat In addition, the notice of termination of the plaintiff did not identify specific barriers in front of building shows that the plaintiff does not equate the construction of the wall size is important if That the defendant, a breach of contract, this will not enter into a contract with the defendant so that the wall has not completed construction contracts, while the defendant a written notice to the plaintiff to the ownership transfer. It does not cause the right to terminate the contract to the plaintiff. The plaintiff has no right to terminate a contract for the defendant.
Judgement of the Supreme Court 4390/2547.
Although the purchase and sale agreement document refers Mon 8 indicates meat to buy and sell land 31 Rai 3 each of 4 square meters, but more were recorded in the notes that The sale will be surveying the field test new How much space is actually thought to be surveying the area of the new If the area is more or less than in the plot to think about the price 350,000 baht per rai, which is the purchase and sale of land area were charged on the actual surveying. Does not mean the purchase and sale of meat given to the Commercial Code, Section 466 of land surveying, land disputes have even less space than five percent of the meat in the plot of land they do not constitute the right to terminate the contract under Commercial Code Section 466.
Judgement of the Supreme Court 802/2546.
Defendant disputes a car from the second defendant to pay for the checks after the defendant sold the car to a dispute to the plaintiff. The plaintiff paid full price and received the settlement from the defendant, a car, although a check that the defendant automobile dispute settlement is the Bank refused to pay. Car trade dispute between the defendant and the second one is strictly a trade done. Ownership transferred to the defendant, a buyer from the time when the contracts under the Civil and Commercial Code, Section 458 of the settlement, not in terms of ownership.
Motor vehicle is a vehicle control law. Applying to be registered cars and car tax is required before the Act. Section 6 states the car, so the vendor will also deliver cars and contracts. Has a duty to the buyer has registered and used car tax. Interests desire a real debt defendants 2, as the seller is required to deliver document registered to the defendant, 1 and the defendant, one as a sales vehicle disputes are responsible for delivering such documents to the plaintiff user. buy
Judgement of the Supreme Court 8319/2543.
The defendant is a car owner who has not registered and taxable year. The plaintiff agreed to sell its cars in a manner that the property for use as motor vehicle operating With the power of the machine. Under the condition of the property as a trade agreement as a delivery vehicle in a car. Not a scrap and the defendant must be delivered to the plaintiff that the car has meant that Defendant to act as necessary to the plaintiff registered the car, when cars. Defendant has not registered to sell right No need to remove the defendant is considered a suitable delivery vehicle is not suitable to be used for Benefits of contracts. Means of repayment of old defendant did not complete the objectives of the contract. In addition, the defendant has ties to inform the plaintiff of the transfer vehicle to the registrar. In order to come even though the plaintiff may deliver a car to the hire-purchase and possession of Rama and vehicle sales accused must have and show plates. And the completion of the Ministerial Regulation. The plaintiff shall be entitled to claim repayment in full operation accused of age.
Judgement of the Supreme Court 2162/2542.
Civil and Commercial Code, Section 467 not to sue in case of delivery of defective or purchase property from the edge of. The trade agreement after the expiration of one year from the time of delivery, so if the buyer want the seller claims to provide land The shortage to meet the agreed trade. The buyer must sue the seller liable for the lack of delivery of such property to the buyer within one year from the date listed. The plaintiff sued the defendant did not deliver land to be defective The amount traded to the plaintiff. But if the plaintiff is complaining Payment for purchase of land called the plaintiff to the defendant to pay some As the defendant returned to deliver the land from these defective trade agreements and trade law, the defendant can not claim. To receive the funds held by love. It is a property return filed by the base Lapamicyrnadg Civil and Commercial Code, Section 406 case requiring a prescription, on Lapamicyrnadg provided under Section 419 prohibits the prosecution after the expiration of one year since When the injured party know that they have the right to reclaim Or after the expiration of ten years from the time when such rights have been made. The plaintiff listed the defendant land Parties on November 27, 2533 which held that the defendant had delivered the land. The trade to the plaintiff by the likes of that date. The plaintiff's rights. The defendant to file a claim for refund based Lapamicyrnadg occurred. But just came to know that the plaintiff purchased land from the defendants lack When the number has changed from a certificate for the land. Certificate as a plot of land by government agencies. Issued to the plaintiff on November 18, 2535 and bring the case to sue. Lapamicyrnadg a refund based on the case Aug. 27, 2536 is not the lapse of one year does not terminate the plaintiff's case. When there is no law about the age of commerce. Otherwise. To treat each contract must be considered general. The general age of ten years. According to the Civil and Commercial Code, Section 193/30 of the defendants filed a case against that Do not do contracts with Terminate the plaintiff and the plaintiff's case then. Cases has the issue in dispute. Defined only by the District Court that Defendant to the plaintiff sued under the contract and terminate the plaintiff's case or the defendant appeal not only to issues that the defendant delivered to plaintiff's land. Been met and the plaintiff's land area is missing because it has been well. Roads and other problems in addition to even the defendant may have. Attest to attest it is considered a non-word, and extraneous Disputes can be considered as an admonition to not raise the same ago The favorite in the court of first instance The sale of the land will be delivered to the lack of how much and for any reason, it is not a problem associated with public order. Court of appeals did not get these problems under the Code of the defendant. Civil and Commercial Code, Section 225 well
Judgement of the Supreme Court 2041/2542.
The plaintiff filed a partial payment for purchase of land to the defendant to pay back too. The amount the defendant admitted without reference to the information law. It is Lapamicyrnadg. This is not to sue the defendant liable for the base property, which traded lack Therefore the age of the Civil and Commercial Code, Section 467 does not come into force. If the age of the information required under Section 419 Lapamicyrnadg defined the age of 1 year from the time the injured party is the plaintiff buyers know that they have the right to recover or after 10 years from the time when such rights have been made.
Official land The deed to the plaintiff on October 12, 2535 identified lack of land to the meat of the plaintiff to the defendant to settle. After surveying the course to check it again and then edit the title specified. Meat land on 22 November 2536, so age of 1 year would start from checking know exactly then is the date of November 22, 2536 plaintiff filed the case on April 1, 2537 not later than 1 year and not more than 10 years since the settlement date of the plaintiff's case too, so do not terminate the. Defendant must refund the excess to the plaintiff both
Judgement of the Supreme Court 1396/2539.
Agreement to purchase land stating that the seller is registered land transferred to the office. After the sale of land surveying division title deed has been completed up to. 18 months are not conditions precedent, but an agreement to register the transfer. Land ownership to the buyer that the seller will have to divide the land and the registration of the transfer. To the buyer within this period, which is not impossible is not void. The plaintiff knew that the land dispute where the plaintiff has agreed to acquire from the defendants. Other owners include when the plaintiff sued the defendant for the sole force for Separate plot of land where the transfer to the plaintiff under the agreement could take effect. Affect the rights of owners include people who are not into the case and no witness Terms of a separation deed under the Civil and Commercial Code, Section 1364, paragraph two words. Request of the plaintiff in this section can not be forced to request the court to lift, but not restrict the plaintiff to the defendant filed a new contract is trading at fault by not split the title deed and registered. Transferred to the plaintiff within the prescribed period, the defendant must use the damages to the plaintiff. And even though the plaintiff's contract does not attest to demonstrate explicitly that the plaintiff as damages. The amount specified in the agreement the court has the power to determine damages to the plaintiff as he thinks fit.
Judgement of the Supreme Court 2489/2536.
Contract dispute Car conditions indicate that the disputed ownership of the vehicle is not transferred to the buyer until full payment for the period specified in the contract shall become enforceable. According to the Civil and Commercial Code, Section 459 and the contract states that if the buyer failed to pay the price period. Sellers have the right to dispute and possession of vehicle by public auction shall be entitled to and When the sale is not enough money already. Buyers willing to pay money that is lacking. When the buyer failed to pay the price and the seller took the car out in dispute fried Market under the Civil and Commercial Code, Section 470, and 471 had no money and then 55,260 more U.S. buyer and guarantor is liable. It is considered a cash settlement price of the car is missing. And this amount is no longer any such agreement shall be for damages, so the non-penalty contracts Article 6, paragraph two states that if the buyer failed various payment schedules specified in the contract. Or failed to pay any debt under this Agreement, the buyer agrees to pay interest to the vendor rate 15 percent per year, amounting to 55,260 baht, a silver price of cars disputes absent is the annuity various stimuli from the user. Buy failed to pay the plaintiff the period specified in the contract. Sales are eligible for 15 per cent interest rate per annum of the purchase agreement.
Judgement of the Supreme Court 3115/2535.
Defendant contracted to sell land to the plaintiff. The agreement that When the mortgagee bank to redeem the mortgaged land any day. Defendant to register the transfer of land to the plaintiff on that day. Means that the bank would allow redemption of mortgage debt in the correct amount with When it appears that the number of bank debt to allow the defendant to pay to redeem the mortgage to have. A dispute settlement case is different. The Bank will consider allowing redemption of the mortgage, then do not. The defendant has taken action to redeem the land dispute but as a hindrance. Of a dispute with the bank such mortgagee shall not hear that the defendant deliberately did not. Comply with an agreement to buy land on which the plaintiff's breach of contract. The plaintiff has no right to force the defendant to comply with the agreement.
Judgement of the Supreme Court 2881/2531.
Defendant contracted to sell the dispute to the plaintiff. Conceal the truth not told by the plaintiff know that there are buildings on the other. The said land. Later, building owners have objected to the transfer and the defendant can not agree with Building owners, until the dispute can not be transferred to the plaintiff under the contract. Defendant is at fault contract Must return the deposit and damages to the plaintiff.
Judgement of the Supreme Court 4519/2530.
The plaintiff purchased the car from the defendant, a settlement by settlement, and some have disputed ownership of the car then. But allowing the defendant to a plaintiff based on plaintiff's car because the payment for the car is not due under the contract. And the debt is paid to the defendant, who owned a car in the dispute shall be unlawful The right to withhold the car. Until it is paid back. Required under the Civil and Commercial Code, Section 241 and Section 468.
Judgement of the Supreme Court 2678/2526.
The plaintiff sued the translation that the plaintiff purchased radio and then give the seller the agent to take the radio. To transport the defendant to the plaintiff and the plaintiff in that attest to the seller to do. That acts on behalf of the plaintiff. The plaintiff is to pay shipping costs themselves. The seller had represented the plaintiff in the road transport agreement with the defendant. The plaintiff is the injured party is authorized to sue the defendant liable under a contract of carriage.
Force majeure event must be wrong to think beyond that will be held. If this is the case that may prevent the disaster if they exercised reasonable care and management. Why is not the indefensible Carriage road to the defendant by the plaintiff to carry in the car. If an employee of the defendant be careful monitoring products carried in. Rest the park. Criminals will not be able to steal the radio, so the vision will be prevented. Not considered as force majeure.
Judgement of the Supreme Court 118/2523.
Buy Steel defendant from the plaintiff by the agreement that If the defendant can not pick up the steel was sent to the plaintiff to the defendant at the defendant's stores in other provinces of the plaintiff the defendant can not pick up so that the carrier's truck to the defendant. But the defendant did not get lost during transport because of the defendants are not liable to the plaintiff's settlement.
Judgement of the Supreme Court 1748/2522.
The sale of the property under the Civil and Commercial Code, Section 463 is not a diagnosis that transfers ownership of the property sold to the buyer or not, because the delivery is a function, one of the seller's only title. The sale would transfer the property to the buyer since the time when the contracts in accordance with Section 458 and to lift out the provisions on transfer of ownership to the buyer or not in any way. Trading is the right diagnosis, but the buyer's contract of carriage which are not. It is right under the law provided for different styles together. When in any manner they require that the law of force.
Judgement of the Supreme Court 241/2492.
Contracts 230 sacks of rice each Phetchaburi province agreed to send the train and deliver the same province, Chumphon Send seller has to buy a box of 115 bags later, the train is damaged. The seller agrees to buy rice for the remaining boat. Management vendors to employ tankers and sent to the buyer and then show that rice is not sent. Buyers are to hand. Sellers will have the responsibility to be liable under the original buyer.
Manufacturers carried it. Non-carrier as defined in Civil and Commercial Code, Section 463608.
Judgement of the Supreme Court 7030/2549.
The plaintiff sued the defendants breach of contract to buy and sell land because land can not be delivered to the plaintiff and the plaintiff terminated the contract and take legal action as plaintiff would deposit a given night, and if the plaintiff has been damaged there. Penalty or claim damages from the defendant by the plaintiff and the Commercial Code, Section 391 after the six defendants made an agreement to buy land and each other. Bangkok has entered into the streets in the said land before the meeting by claiming ownership. That the original landowners raised some land to the public. Listed in the table, but the land does not appear that the original owner to register the notification in the register table. Registration in any way. All six defendants are probably not aware of the original owner of some land to raise. Public of. The defendant can not transfer land to the plaintiff was required under the contract, it's out. Vision due to causes which the defendant shall not be responsible. The plaintiff has no right to claim damages from the defendant by a fine or Commercial Code, Section 218, paragraph one
Judgement of the Supreme Court 4390/2547.
Although the purchase and sale agreement document refers Mon 8 indicates meat to buy and sell land 31 Rai 3 each of 4 square meters, but more were recorded in the notes that The sale will be surveying the field test new How much space is actually thought to be surveying the area of the new If the area is more or less than in the plot to think about the price 350,000 baht per rai, which is the purchase and sale of land area were charged on the actual surveying. Does not mean the purchase and sale of meat given to the Commercial Code, Section 466 of land surveying, land disputes have even less space than five percent of the meat in the plot of land they do not constitute the right to terminate the contract under Commercial Code Section 466.
Judgement of the Supreme Court 1261/2543.
Book an agreement to sell or deposit agreement states that the land continued. Guarantee the interests of (Nor Sor 3 Kor) 3 conversion (Miss. 3) do not specify a conversion, even meat each plot of land. But also specifies the number of total area, which is the sum of the four meat land conversion. Subsequently, a possessory right to transfer land under the Nor Sor 3 Kor land conversion by 3 3 Ms. bought or did not transfer well because the land does not connect to the same piece, so there. Change land The land abutting the land three conversions quoted above. Pricing and land price is calculated as square. The seller must reimburse the buyers because the new land with an area of less than Same land. The land price is calculated using the return match the agreed sale price, but first Demonstrates the intention of the plaintiff and the defendant that the sale of such land to fall. Meat is a significant land. Not on a wholesale When the defendant delivered less property than the agreed upon by the plaintiff did not refuse, but accept. Remove them and use land under the land under the Civil and Commercial Code, Section 466, paragraph one, when the plaintiff to pay for the purchase of land is too partial to the defendant and to take legal action. Because the funds returned to the defendant to deliver the land from trading defective. Number of trade agreements and the defendant can not claim that the law will get the funds. The lawsuit calls it like the back base Lapamicyrnadg property under the Civil and Commercial Code, Section 406.
Judgement of the Supreme Court 975/2543.
Civil and Commercial Code, Section 466, paragraph two of the Real Estate Transaction on the seller of the property and lack of fall Advanced defective or not more than five percent of the total area to be noted that the law is not about peace or good morals of the people. The parties may be specified in the contract is different from this provision. The agreement specified in Article 2 (b) if different from unit area of five percent or more. The parties continue to be bound. The price payable under the contract increase or decrease proportionally. Is not contrary to law and enforceable under the Civil and Commercial Code Section 151 even if an agreement is enforceable. But the court had to interpret the contract according to the wishes of the parties in good faith by Examines the usual tradition under the Civil and Commercial Code, Section 368, and when there is no doubt that agreement. The plaintiff must be bound by the contract or not. Court shall be construed to be, you have to pay the plaintiff the debt under the Code. Civil and Commercial Code, Section 11, the plaintiff has the right to terminate this contract. Since the size of the edge if the plaintiff would not have known before the contract is made in accordance with Civil and Commercial Code, Section 466, paragraph two, which resulted in the parties must return to the original position. According to the Civil and Commercial Code, Section 391.
Judgement of the Supreme Court 6259/2541.
Contracts to buy and sell land dispute stating that the issue is settled will be sold. And purchase agreement to buy land or land and buildings as follows: 3 a. land, Ms. No. 2571 an area of approximately 1,550 square meters (3 rai 3 ngan 50 square meters), the parties agreed price. Land or land with buildings. To trade at the amount of 3,400,000 baht and the purchase and sale agreement did not specify. That land price per square much as when the contracts are traded. Did not specify the price of that Rai, or how much per square wah. And meat to sell land, but also a shift approximately But has priced in a manner which 3.4 million U.S. sales total to the same shows that the intent of the parties is not considered out of area Soil material. Plaintiff's own meat inspection of land several times. Is not interested in holding land as an exceedingly important meat anymore. Moreover, according to an agreement to buy land dispute issue will discuss the liability of the sale. Or the defendant, but only on a mortgage-free. The front right or obligation Any other matter which is different to any liability in the property. Advanced defective or not mentioned at all of the parties as a different purpose is not to be liable to each other about Advanced defective or texture of the land that may occur in the future be regarded as a contract of sale or conversion of land and raise Khriehamr Whether the sale of land to be defective Edge of the plaintiff or the defendant will call the money for purchase of land or land that night. Also absent from each other is not.
Judgement of the Supreme Court 3754/2540.
Contract to purchase the land of the plaintiff and the defendant intended by the land. Flesh out the land, indeed If it does not wish to be bound as a land of meat, of course it was the defendant. Why this should be specified to appear in the contract. But the defendant did not specify. If need with the provisions of the Civil and Commercial Code, Section 466, which decreed that the buyer does not have the right to refuse admission if any defective or Advanced that amount over five percent of the entire area specified. When the defendant notified the plaintiff transferred land less than the amount in accordance with Contracts than five percent of the total area. Plaintiff as the buyer shall have the right to reject and not transferred to the defendant had terminated the contract. The plaintiff sued, stating that Authorized the plaintiff. That. The prosecution represented a defendant does not make the fight about this, so listen to the facts that the plaintiff is authorized to stop that. To bring a lawsuit instead. The plaintiff need not submit power of attorney referred the case to court to sue the other, so that any petition of the defendant. The plaintiff claimed the document did not pay for this power of attorney to prosecute. Is not trivial to be diagnosed.
Judgement of the Supreme Court 5228/2539.
Defendant delivered a land dispute that the plaintiff is less than the area of trade agreements. Contract to deliver nearly half the land size, which, if defective. The plaintiff would not have known before entering into a contract with the defendant, the plaintiff certainly has. Have the right to reject or terminate the agreement to pay a defendant to reject the plaintiff does not accept transfer Settlement of land disputes and land disputes remaining defendants to a case under the contract. The plaintiff must be deemed to have terminated the contract of a defendant under the Civil and Commercial Section 466, paragraph two, then each party must return to the other party. Return to the original position under section 391 that a defendant must return the deposit to plaintiff.
Judgement of the Supreme Court 5197/2538.
The defendant made the purchase and sale agreement with T. Then the defendant has entered into contracts to sell the rights to the plaintiff, and T. was transferred to the plaintiff and the land dispute. But missing from the area of land, an agreement to buy land that the defendant made to the company safe. Of 87 square meters, which under the agreement, the company safe. Agree to charge 4,000 baht per square wah, and Thor has to refund the lack of land, so when the plaintiff's rights under the transfer agreement to buy land from the defendant to be bound by it. Agreement to buy land with the defendant. Thor when the plaintiff has paid for land that lack it, it will call for payment. Lack of land which is not the defendant who sold land to the plaintiff also can not If not required by the Civil and Commercial Code, Section 466.
Judgement of the Supreme Court 7697/2538.
The plaintiff and the defendant that a contract to buy and sell units. Approximate area of 157 square meters when the defendant appeared to complete a construction condominium units with an area of 206 square meters, exceeding the fraction of 5 percent of the area specified in the contract. Therefore reject the plaintiff does not accept delivery of and payment for such units. But it will get delivered in the area 157 square meters with pay for the rest of the same area. But when the purchase and sale agreement specified that The sale agreement to purchase the unit with No. 205, 2nd Floor, equivalent to the area of personal property which is approximately 157 square meters as shown in the plans of condominium, the red line marked on the attached contract. If more space or less. Parties agree to increase or decrease in proportion to the price of the purchase price above shows that the party is a plaintiff and the defendant intended to buy and sell each unit. The material is not - important areas of the suite that will be an area only about 157 square meters or less, if more space. Parties agree to increase or decrease the price based on the ratio of the price each buyer. Such agreements are enforceable. Provisions of the Commercial Code, Section 466, paragraph two, not the law concerning the public peace. When it appears clear that the plaintiff and the defendant agreed to a contract which is not an exception to the above-mentioned law enforcement. The first plaintiff and the defendant must be bound together by contract terms agreed upon. The plaintiff has no right to reject the unit area did not get up and calling for a defendant to offer a condominium unit in the area estimated by the defendant to a contract when a unit is completed and delivered to the plaintiff. But the plaintiff refused to pay for ignoring the units within the first defendant, without notice, reason to claim under the law. The plaintiff is a fault contract
Judgement of the Supreme Court 1243/2538.
The second defendant is the plaintiff in the lawsuit claimed that after the phrase. After the land sale contract with the plaintiff already Later inspection of land that no land gate And the area lost approximately 3 Rai plaintiff to reject the defense without the explicit agreement that the land is not traded. Area is missing the plaintiff's complaint must admit that listening to that land under the lawsuit. Area lost approximately 3 rai of land under the trading element has a total area of 15 rai 2 ngan 36 square wah, when space is missing, approximately 3 Rai of missing it exceeds five percent of the defendant, 2 the buyer has the right to reject not transferred the land from the plaintiff.
Defendant to an attached check the interest under the contract will be traded after the defendant, 2 found that the land under contract will trade area lost about 3 RAI can be considered an attachment arising from the defendant, two have the right to refuse does not accept transfer of land and Termination will trade under the Commercial Code, Section 466 does not breach the contract is trading that is why the plaintiff claimed the right to terminate. Contract and forfeit the deposit agreement to trade.
Judgement of the Supreme Court 698/2536.
When a message indicating that the defendant in permitting sale of land had been delivered by Ms. Na 3, and then traded to the plaintiff. Later, when the plaintiff and the defendant to a letter to the official land register. Registration at the District right of redemption. If the plaintiff is the listener that received the land from unlawful trading and then. From the plaintiff and the defendant to register. The plaintiff filed the case to a shortage of land after the expiration of one year from the date of registration. Shall terminate the plaintiff's lawsuit under the Civil and Commercial Code, Section 467.
Judgement of the Supreme Court 2162/2542.
Civil and Commercial Code, Section 467 not to sue in case of delivery of defective or property transaction amount advanced. From the trade agreement after the expiration of one year from the time of delivery, so if the buyer want the seller claims to provide land The shortage to meet the agreed trade. The buyer must sue the seller liable for the lack of delivery of such property to the buyer within one year from the date listed. The plaintiff sued the defendant did not deliver land to be defective The amount traded to the plaintiff. But if the plaintiff is complaining Payment for purchase of land called the plaintiff to the defendant to pay some As the defendant returned to deliver the land from these defective trade agreements and trade law, the defendant can not claim. To receive the funds held by love. This action is called property.Windfall should not be under the Civil and Commercial Code, Section 406 case requiring a prescription, on Lapamicyrnadg provided under Section 419 prohibits the prosecution after the expiration of one year since When the injured party know that they have the right to reclaim Or after the expiration of ten years from the time when such rights have been made. The plaintiff listed the defendant land Parties on November 27, 2533 which held that the defendant had delivered the land. The trade to the plaintiff by the likes of that date. The plaintiff's rights. The defendant to file a claim for refund based Lapamicyrnadg occurred. But just came to know that the plaintiff purchased land from the defendants lack When the number has changed from a certificate for the land. Certificate as a plot of land by government agencies. Issued to the plaintiff on November 18, 2535 and bring the case to sue. Lapamicyrnadg a refund based on the case Aug. 27, 2536 is not the lapse of one year does not terminate the plaintiff's case. When there is no law about the age of commerce. Otherwise. To treat each contract must be considered general. The general age of ten years. According to the Civil and Commercial Section 193/30.
Judgement of the Supreme Court 2041/2542.
The plaintiff filed a partial payment for purchase of land to the defendant to pay back too. The amount the defendant admitted without reference to the information law. It is Windfall should not be. This is not to sue the defendant liable for the base property, which traded lack Therefore the age of the Civil and Commercial Code, Section 467 does not come into force. If the age of the information required under Section 419 Windfall should not be defined the age of 1 year from the time the injured party is the plaintiff buyers know that they have the right to recover or after 10 years from the time when such rights have been made.
Judgement of the Supreme Court 6368/2541.
The plaintiff and the defendant agreed land disputes under the contract to buy and sell And is registered to transfer the land dispute together already. The contract states that the sale of land by Ms. 3 g total area of 92 acres and 3 copies of a defined area of 92 rai in the contract that if the surveying and then less than 90 rai, the seller is willing to pay the amount due. provided by the pay. Compensation is 43,000 baht per rai, the plaintiff sued the defendant. To compensate for the missing property. Therefore the action to perform. Under the agreement to buy and sell rights to sue a refund under this law does not specifically define the age. There was an age of 10 years under the Civil and Commercial Section 193/30 agreement to buy and sell made on July 17, 2533 plaintiff filed the case on September 15, 2536 not exceeding 10 years, the plaintiff did not terminate the action.
Judgement of the Supreme Court 9150/2539.
Contracts specify that Land area of about 65 rai Price 4300 baht per rai showing that the parties intended the meat of land considered significant. The meat trade is the number of land sale contract is not the whole land, the plaintiff filed a fee to convert some land back by claiming that the defendant delivered less than the land. Trade agreement. Is sued for a refund Windfall should not be base. Not sue, liability for defective or edge of the property. The subject must be aged Windfall should not be apply.
Judgement of the Supreme Court 9150/2539.
Contract states that the land area of about 65 3 by Miss Rai 3 Rai 48 square meters per person in 4300 to Baht 2,838,000 Baht money would show that the parties intended the land to hold the meat material. The meat trade is the number of land Land sale contract is not the whole conversion? \.
The plaintiff filed a fee. Land part of 1,133,802.50 Baht night claiming that the defendant delivered less land than the land under the trade agreement. If it is to sue the defendant to refund the base Windfall should not be. Not to sue the defendant to liability for defective or edge of the property. Therefore the age of the Commercial Code, Section 467 does not come into force. To bring about prescription Windfall should not be the Commercial Code, Section 419, which prohibits the prosecution after the expiration of one year from the time the injured party know. That they have the right to reclaim Or after the expiration of ten years from the time when such rights have been made. The plaintiff knew that the land shortage in April 2535 and the plaintiff filed this lawsuit on July 2, 2535 expiration of a year not to sue does not terminate the plaintiff.
Judgement of the Supreme Court 2996/2536.
Yu Sun and a year under the Civil and Commercial Code, Section 467 is a case where the seller of the property to the buyer, and then appeared later that Advanced defective or of such property. Call the seller to liability in order to enforce the provisions of this Section. But if the buyer asked the seller to pay the penalty based breach of contract does not deliver the goods. Buyers within the contract and the seller liable for that price. Shopping cart to compensate someone for the increment There is no legal age limit of the particular There was an age, generally under the Civil and Commercial Code, Section 164 is scheduled 10 years.
Judgement of the Supreme Court 2100/2535.
The defendant made an agreement to buy and to sell land to the plaintiff of 104 square meters will divide land from a land force a large land plots 4 to convert the area to convert 26 per square later on separation and appeared to land four conversions area conversion. per 24 square meters of land to convert meat lack of 2 square meters including 8 square is considered the defendant seller to deliver the property to purchase land which lack Plaintiff to prosecute the defendant liable for plaintiff's land separating the other eight square meters or pay money instead of within one year from the time of delivery under the Civil and Commercial Code, Section 467.
