نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
In the daily exchanges and relationships between people, the key role of intention, as one of the significant legal subjects as well as indeterminate property situation is an undeniable matter. Also the necessity of recognize the rights of the parties to a legal relationship requires that it be specified when a debt settlement may be done by explanation the real nature and concept of the fulfilling the debt and the role of payers intention in it. Is payment a merely objective act or a constitutive and juridical act?, does the payment of a debt require the debtors intention or not? And if a third party pays the debtors obligation, under what conditions and circumstances may the action be considered as discharge of debt? The research conducted in this study has clarified that the fulfilling of debt requires the debtors intention however, unlike declaratory legal acts, in the fulfillment of a debt, the debtor must have a Non constitutive intention to discharge the debt so that the discharge of the debt may be completed. In fact, the concept of debt in terms of its nature, falls under the category of intentional and Non spontaneous acts and the existence of intent to discharge the debt forms its essential element. Given the critical role of the debtors intention, if multiple debts are incumbent upon an individual, it is the debtors intent that determinets which specific debt the fulfillment is meant to satisfy. Accordingly, Article 282 of the civil code, based of this principle, unlike its French counterpart, imposes no temporal limitation on the debtors discretion inselecting the debt to be discharged and has placed the decision to allocate the payment to one of those debts entirely at the discretion of the debtor. Furthermore, In cases there a third party fulfills or pays the debtors obligations, what distinguishes the performance of a specific debt from other obligations and the essential element that differentiates the concepts and institutions of donation, gratuitous or assignment of claims and other terms from the fulfillment of a debt by a third party, thereby clarifying the effects and rights arising from each in the relationships of parties concerning a debt—is the presence of a Non constitutive intention by the individual fulfilling the debt, the recognition of this crucial factors leads to the proper identification of legal terms, their implications and their derivatives within social relations.
کلیدواژهها English
عربی:
یزدی، سید محمدکاظم، ۱۴۱۰ه.ق، حاشیه المکاسب، جلد۲، چاپ اول، قم، موسسه اسماعیلیان