359 — การบังคับคดีให้งดเว้นกระทำการ

คำแปลภาษาไทย

For the execution of a judgment or order of the court that requires the judgment debtor to refrain from doing an act, the judgment creditor may apply for the court to order the arrest and detention of the judgment debtor under Section 361, and may also apply for the court to make any of the following orders:
(1) to order the judgment debtor to pay compensation for the damage arising from the failure to refrain from that act;
(2) to remove or destroy the property arising from the failure to refrain from that act, unless the law governing that matter has prescribed another method for dealing with such property.
In the case under (1), when the court has held an inquiry and is of the view that the application is well-founded, the court shall order the judgment debtor to pay compensation in the amount that the court considers appropriate.
Where the court makes an order under (2), the court shall notify the order to the execution officer, and the execution officer shall carry out the order of the court, with the judgment debtor being liable for the expenses.
The application and the proceedings under this section are exempt from court fees. As for the compensation determined by the court under paragraph two and the expenses under paragraph three, they shall be deemed a judgment debt to be enforced further.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก