نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Payment of debts by third parties is a phenomenon frequently occurring in the realm of law and in the financial relations of people with one another. The third party occasionally has no legal or religious responsibility arising from the promisor for fulfillment of the obligation. In such cases, other motives such as benevolence or the satisfaction of certain joint interests with the debtor may stimulate him to act. However, sometimes, although the third party is not the principal and actual debtor, he is obliged by law to pay the debt on behalf of the debtor. The fulfillment of an obligation by a third party is essentially a permitted act, except in cases where the personal payment of the promisor is stipulated. The criterion for recognizing the stipulation of personal fulfillment by the promisor is its explicit mention in the contract, or the prevailing custom and usage, or the social interests that follow from personal fulfillment of obligations. It seems that the right of recourse of the third party to the debtor no longer follows the traditional rule mentioned in Article 267 of the Civil Law. Instead, it follows a new rule under which—if no specific law has granted permission for the fulfillment of debt by the third party and subsequent recourse to the debtor, and if the third party has not been authorized by the debtor, and the payment of debt by him is not considered an example of undue or unjust fulfillment—the third party has the right of recourse to the debtor on condition that he was authorized by the debtor to pay the debt. However, if the third party has fulfilled the obligation under one of the three cases mentioned above, he has the right of recourse to the debtor even without prior authorization.
کلیدواژهها [English]
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