Attribution of Payment to one of the Several Debts in the Civil Law of Iran, France, and the Shia Jurisprudence

Document Type : Research Article

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Abstract

Fulfillment is one of the causes of termination of obligation. Concerning fulfillment, the following question may arise: if one is under several debts to another, and the amount he pays to the creditor toward satisfying his obligation is not enough to discharge him of all his debts, which of the debts would the payment in question cover? Article 282 of Civil Law has broadly responded to this question, giving the decision concerning attribution of the payment to the debtor. However, this article does not respond to the question of which debt the payment would cover if the debtor does not use the power of attribution at the time of fulfillment. The broadness of this article has divided experts in law. The source of Article 282 of Iranian Civil Law is Article 1253 of French law. However, in the Civil Law of France, the legislator has clarified the issue in the above-mentioned article and some other articles. The present article analyzes the views of Iranian lawyers, comparing them to the Civil Law of France.

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History

  • Receive Date: 28 April 2013
  • Revise Date: 30 May 2013
  • Accept Date: 27 July 2013

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