Article 331Vente aux enchères de biens saisis

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 5437/2567 (2024)

   Section 331 paragraph three gives a person interested in the execution the full right to bid at the auction, and shutting such a person out on a mistaken view of that entitlement violates it. Whether a bidder who claims to set off the debt against the price was at fault in not lodging bid security is a separate question, decided on the wording of the auction notice and on clause 79 of the Ministry of Justice Regulation on execution by execution officers B.E. 2522. Where the notice does not spell out that a bidder claiming set off must be a creditor with a preferential right over the land established by a ruling of the court, and the notice itself records that the land is sold subject to a named mortgagee's mortgage, the notice shows the mortgagee to be a person entitled to set off, and its failure to lodge security before bidding is proper and not negligent.

   The applicant was a mortgagee of the land being sold and claimed to be entitled to set off its debt against the price rather than lodge bid security. The auction notice issued by the official receiver did not state clearly that a bidder claiming set off had to be a creditor holding a preferential right over the land under a ruling of the court, as clause 79 of the Ministry of Justice Regulation on execution by execution officers B.E. 2522 provides, and the notice itself said that the land was sold subject to the mortgage of a named asset management company described as a creditor under section 95. The Supreme Court held that the notice therefore showed the applicant to be a mortgagee entitled to set off, so its decision not to lodge security before bidding was proper and not the result of negligence or fault. Separately, excluding it from bidding on a mistaken view of that entitlement infringed the full right of an interested person to bid under section 331 paragraph three.

2. Arrêt n° 2836/2566 de la Cour suprême (2023)

   Under Section 331 paragraph two, before auctioning, the execution officer must notify the date, time and place to persons interested in the execution appearing from the register or otherwise, which under Section 287(4) includes co-owners and holders of preferential rights.

   In deciding whether to revoke the auction of a disputed title deed, the court quoted Section 331 paragraph two on the officer's duty to notify interested persons of the auction and explained that interested persons under Section 287(4) include co-owners and holders of preferential rights.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.