142 — การพิพากษาตามคำฟ้องและข้อยกเว้น

คำแปลภาษาไทย

A judgment or order of the court deciding a case must decide according to every count in the complaint, but the court is prohibited from adjudging or ordering anything in excess of or beyond what appears in the complaint, except:
(1) In a case claiming immovable property, it shall be understood to be of the same class as a claim to evict the defendant; if the court gives judgment for the plaintiff, the court may, where it sees fit, order the eviction of the defendant. Such an order shall extend to all the relatives and dependents of the defendant on that immovable property who cannot show the court any special right.
(2) In a case where the plaintiff claims any property as wholly his own, but it appears on trial that the plaintiff should have only a share, the court may, where it sees fit, give judgment that the plaintiff receive only that share.
(3) In a case where the plaintiff claims payment of money together with interest up to the date of the complaint, the court may, where it sees fit, give judgment that the defendant pay interest up to the date of full payment under the judgment.
(4) In a case where the plaintiff claims rent or continuing damages calculated up to the date of the complaint, the court may, where it sees fit, give judgment that such rent and damages be paid up to the date of full payment under the judgment.
(5) In a case where a point of law relating to public order may be raised, the court may, where it sees fit, raise those points and decide the case accordingly.
(6) In a case where the plaintiff claims payment of money together with interest for which no agreed rate of interest was fixed, the court may, where it sees fit, having regard to reasonable cause and to good faith in the conduct of the litigation, give judgment that the defendant pay interest at a rate higher than that to which the plaintiff is entitled by law, but not exceeding fifteen percent per year, from the date of the complaint or a later date.

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