International Journal of Physical and Social Sciences
  • Year: 2016
  • Volume: 6
  • Issue: 7

Foundations committed debt the third parties

  • Author:
  • Ramezan Ghaderi, Mitra Hoseinia
  • Total Page Count: 9
  • Page Number: 7 to 15

* Department of Law, Meymeh Branch, Islamic Azad University, Meymeh, Iran

** Faculty Member, Department of Law, Meymeh Branch, Islamic Azad University, Meymeh, Iran

Online published on 25 October, 2016.

Abstract

Carrying out the commitment subject by the committed person is the primary requirement of a commitment, and this makesthe committing partynot be able require anyone but the committed person to carry out the action. However, doing the commitment by a person other than the committed person is not prohibited;the third party could fulfill the obligation if the committed person does not stop it to act on his behalf. Therefore, to comply with a third party without the commitment on the obligation established is realized. Sometimes the third party has nolegal and religious obligations from the committed person for the fulfillment of the commitment, but other incentives such as benevolence or a common interest he has with the owed, and sometimes although the party is not the real person who owes, law makes him pay the debt to the creditor. Thus, theright of the third party to refer to the debtor does not comply with Article 267 of the Civil Code and is not solely due to being permitted the person in debt, but sometimes the requirement or the verdict of thelegislator replaces the permission of thecommitteddiscussed in this article.

Keywords

comply, obligor, obligee, third party