Examining the affiliation of payment to one of several religions owed in jurisprudence and law

Subject Areas : Nameh Elahiyat

Muhammad Ali Saeidi ¹ , Ali Reza Omidian ² , Hamed Noori ³

1 - Assistant Professor of Law. Razavi University of Islamic Sciences. Mashhad. Iran
2 - PhD Student in Private Law. Razavi University of Islamic Sciences. Mashhad. Iran
3 - PhD student in Criminal Law and Criminology. Jameah Mustafa. Qom. Iran

Received: 2022-03-10 Accepted : 2022-03-10 Published : 2021-07-23

Keywords: Debtor, enforcement, Attribution of payment, Fall of debt, Creditor,

Abstract :

One way to break obligations is to fulfill them. In jurisprudence and law, various issues have been raised about performance, but the issue that comes to mind is that if a debtor pays one of his various debts to the creditor, but does not specify which religion the payment belongs to, ask Which religion is paid for? Article 282 of the Civil Code briefly answers this question and gives the debtor the authority to assign the payment. But this article is concise in the sense that if the debtor does not use such an option, what is the obligation? The summary of this article has caused controversy among lawyers. This article is adapted from the laws of French law and this difference is also seen in jurisprudence and each of the jurists has a different view in this regard. Well-known Imami jurists believe in the issue of the authority to choose the assignment of a debtor even if he does not choose payment during the payment, and apparently Article 282 of the Civil Code has been approved on this basis. It seems that a comprehensive criterion can not be provided in this regard, and in each case, the UAE and the prevailing evidence must be considered. In this research, we intend to study this issue in Imami jurisprudence and law.