Article 358: Third person performs the act

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 660/2565 (2022)

   A judgment ordering the defendant to move boundary markers back to their original position is enforceable: if the defendant fails to act within the time set in the writ, the creditor may execute under Section 358, since the act is one that can be carried out in the debtor's place, so the request is capable of enforcement.

   To move the boundary markers back to their original position, the land official would have to survey the land according to law and technical standards. The court held that if the defendant did not act within the time fixed in the writ, the plaintiff could enforce under Section 358 (read with the Act on Establishment of Kwaeng Courts), so the plaintiff's request that the defendant move the markers back was capable of enforcement.

2. Arrêt de la Cour suprême n° 3459/2564 (2021)

   Expenses a judgment creditor advances to have an act performed in the debtor's place are, under Section 358 paragraph two (read with Sections 352 paragraph five and 359 paragraph four), deemed a judgment debt to be further enforced; but no writ to seize the debtor's property to recover them lies until the creditor has actually paid those expenses.

   The plaintiffs, not yet judgment creditors for the cost of registering the cancellation of a transfer, would have to pay that registration cost themselves first; the amount paid would then be a judgment debt enforceable under Section 358 paragraph two with Sections 352 paragraph five and 359 paragraph four. Since they had not yet paid, there was no ground to issue a writ to seize the defendant's property to recover it.

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