Suretyship and Mortgage under the Civil and Commercial Code Amendment Act (No. 20) B.E. 2557 and (No. 21) B.E. 2558 and Fairness for Surety
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The purpose of this article is to study the impact of Civil and Commercial Code Amendment Act (No.20) B.E.2557 and (No.21) B.E.2558 regarding suretyship and mortgage. There have been a lot of comments stating that the surety and mortgagor are not the first debtor, but they only bind themselves to a creditor to satisfy and obligation in the event that the debtor fails to perform it. Therefore, the purpose of the Civil and Commercial Code Amendment Act (No.20) is to protect and give fair treatment to the surety and the mortgagor as secondary debtors rather than as first debtors. However, after having enacted Civil and Commercial Code Amendment Act (No.20), many comments called for revising the law again regarding justice persons as sureties and mortgagors to allow a juristic person acting as surety or mortgagor to bind itself to a creditor to satisfy an obligation as joint obligators, and to make future agreements with the creditor to allow an extension of time to the debtor. Therefore, Civil and Commercial Code Amendment Act (No.21) was issued in order to create the appropriate business atmosphere. The study shows that Civil and Commercial Code Amendment Act (No.20) creates enough and fair protection for surety and mortgagor, and Civil and Commercial Code Amendment Act (No.21) creates an appropriate business atmosphere regarding suretyship and mortgage.
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References
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