Thailand Civil Procedure Code Section-346-349

CHAPTER III

EXECUTION IN CASE OF RETURN OR DELIVERY OF SPECIFIC THING

Section 346.347 With regard to execution of a judgement or an order of a court compelling a judgement debtor to return or deliver a specific thing to the judgement creditor, if the provisions of this Chapter do not specifically prescribe the measure of execution, the provisions of Chapter II Execution in Case of Money Debt shall apply, mutatis mutandis.

Section 347.348 In the case where a judgement or an order of a court requires a judgement debtor to return a specific thing to the judgement creditor or deliver a specific thing to the judgement creditor for the performance of an obligation under any claim, the executing officer shall have the power to seize such thing in order to proceed to comply with the judgement or order.

If the specific thing of a judgement debtor required to be delivered to the judgement creditor for the performance of an obligation under a claim has already been seized or attached for payment of money debt in another case, the judgement creditor shall be entitled to file a  motion  with  the court  issuing the writ of execution, before  the sale by  auction or disposal by other means, for issuance of an order directing an executing officer to deliver such thing to him or her, provided that such person must demonstrate to the satisfaction of the court that the judgement creditor who requests the seizure or attachment of the thing in such other case is able to carry out execution against the judgement debtor’s other property which is sufficient for this purpose. In this regard, the court shall notify the executing officer and may issue an order staying the execution during taking consideration. In such case, the judgement creditor shall reimburse the expenses incurred from the seizure or attachment of the thing to the judgement creditor who requests the  seizure  or attachment  of the thing  in  such other case, and the judgement creditor in such other case shall be exempted from paying  the executing officer’s fees.

If the judgement creditor is unable to demonstrate to the satisfaction of the court as provided under paragraph two, the court shall issue an order granting the judgement creditor the right to participate in the distribution of the proceeds derived from the sale or disposal of property of the judgement debtor in such other case. In this case, section 326 and section 329 shall apply.

Section 348. 349 With regard to execution in the case where a court renders a judgement compelling a judgement debtor to return or deliver to the judgement creditor a specific thing whose ownership is registered or under the certificate of utilisation, the executing officer shall notify the competent authority or registrar to proceed with the registration.

With regard to execution in the case where a court renders a judgement compelling a judgement debtor to return or hand over specific immovable property, if there is any obstruction or interruption to the return or handing over of such immovable property to the judgement creditor, the provisions of Chapter IV Execution in Case of Eviction shall apply, mutatis mutandis.

Section 349.350 With regard to execution compelling a judgement debtor to return or deliver a specific thing, the judgement creditor shall be exempted from the executing officer’s fees.

A judgement debtor shall be liable for the execution costs paid by the judgement creditor in a case in which the judgement requires the return or delivery of a specific thing, including the costs and execution costs paid by the judgement creditor in such other case under section 347 paragraph two, which shall be deemed to be the costs and execution costs required to be paid on behalf of the judgement creditor in the case in which the judgement requires the return or delivery of the specific thing.

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Personal Injury and Accident Lawyers