Person Entitled to Request for Execution and Person to be Executed Under the Civil Procedure Code.

Abstract

The purpose of is article is to study the execution which Under the Civil Procedure Code Section 271 (before amending in B.E. 2560), the person entitled to request for execution is judgment creditor; the party
or person winning the case, and the person to be executed is judgment debtor; the party or person losing the case, and judgment creditor shall request for execution within ten years from the date of judgment or order. There are some problems occurring in execution from enforcing this Section, such as the third person entitled to get benefit from compromise agreement or the person who receives the transfer of or is subrogated to the right under the judgement or order from the judgment creditor shall not be entitled to request for execution, or the creditor of judgment creditor shall not be entitled to request for execution in behalf of his debtor because he is not himself judgment creditor. In addition, if the third person joins in compromise agreement
to perform an obligation, judgment creditor shall not be entitled to request for execution to the third person because he is not himself judgment debtor. But under the Civil Procedure Code Section 274 (amended in B.E. 2560), the person entitled to request for execution is judgment creditor; the party or person winning the case including the person entitled to the performance of an obligation under the judgment or order of the Court and the person who receives the transfer of or is subrogated to the right under the judgment or order and is assumed the right of the judgment creditor by the Court. In addition, the person to be executed is judgment debtor; the party or person losing the case including the person required by the judgment or order of the Court to perform an obligation. By this Section, the problems occurring from enforcing Section 271 could be solved; the person entitled to the performance of an obligation under the judgment or order and the person who is assumed the right of the judgment creditor shall be entitled to request for execution, in addition the judgment creditor could request the execution to the third person joined in compromise agreement which rendered a judgment by the Court.