Abstract :
Performing Commitment by the Third Party Yusef Mulaei (Ph.D.) [1] Amir Najafi Ghamat [2] Abstract By the personal intervention of the third party (other than the indebted) in performing a commitment, a new process will begin that is not out of the following three conditions. One is that the payment is “forcible” according to the legal ruling as is partially accepted by some internal regulations like insurance, business, social security, registration, civil law and civil responsibility. The second is that according to the agreement and compromise between the creditor and the third party, a special kind of deputy and succession is created for the payer and this is known as “deputy or payment” entity in the law of European countries which is devised and endorsed by legislators. However, when the third party repays the debt of the indebted just because of the creditor’s permission, or because of moral principles, or out of obligation, or to prevent a loss, the reference is done not on the basis of deputy, but on the basis of demanding the compensation of the paid amount. This is called “the personal recourse”. Unlike the previous conditions, because the main debt has been annulled, the guarantees and the collaterals are annulled too and will not be transferred. What is necessary for a person’s recourse is the third party’s lack of freewill in donation. In this paper, the attempt is to show that the permission despite the emphasis on the epilogue of the Article 267 of the civil law is not anything except the legal jurisdiction on the lack of freewill of the third party’s actions, Therefore, other principles have been formed in the judgmental procedures and legal doctrines for the justification of the recourse. Key words: Performing Commitment, Third Party, Deputy, Freewill, Recourse [1] . Assistant Professor of Law Department at IAU, Urmia Branch, Iran. [2] . Ph.D. Candidate of Private Law at IAU, Tabriz Branch, Iran.
References:
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