EXCEPTIONS OF THE DEFAULT CREDITOR

Abstract

Exceptions of the default creditor in the Thai Civil and Commercial Code is unclear that and the criteria for considering exceptions of default creditors under section 207 and whether mora creditoris is based on fault of the creditor like mora debitoris or not vary depending on opinions of the lawyers. It is discovered that the creditor’s excuses must be supported or approved by law which includes law concerning performance made by a debtor. It’s mean that mora creditoris attaches great importance to the circumstance that the creditor does not accept a tender of performance by the debtor. On the other hand, mora creditoris does not depend on the creditor’s fault. The circumstance where the debtor is not in a position to effect the performance at the time of tender under Section 211 is an exception of tender of performance under section 208. For a temporary event preventing the creditor from accepting the tendered performance under Section 212, the court should take into consideration the good faith principle under Section 5 to maintain fairness for both creditor and debtor.