LEGAL ESSENSE OF THIRD PARTHY IN THE PAYMENT OF PROMISE

Publish Year: 1394
نوع سند: مقاله ژورنالی
زبان: English
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شناسه ملی سند علمی:

JR_AJISR-2-3_020

تاریخ نمایه سازی: 21 فروردین 1397

Abstract:

Essential philosophy of all promises is their exact and payment. Faiths to promise by moral religious and legal origin always have been laid emphasis in all systems. Payment of promise, in principle should do by responsible. But un debtor payment also has accepted in all legal systems. This means that exception than possible person, his (her) agent (consist of legal, conventional and judicial) and every third party person (who does not has any designation from responsible and does not has treatment aim) has right of payment of promise for responsible payment of promise by third party. In regard to relics does not has any different because he has reached what so ever. But between third party and responsible is creating a new relation after such payment that according to it if third party have been not taken to payment un gratuitously has right of returning to responsible for whatever has paid. The bass of returning right third party maybe transferring of request management of other properties or un just payment. On this base can say if legal essence the payment of promise by third party be transferring the request the essence of legal third party in this payment is successor and if essence payment of third party, be manage, the other property, essence of legal third had been meddling manager and at lost if essence of payment third be unjust payment, unjust vindication, the essence of legal third will be unjust vindicator or unjust payer.

Authors

Mohammad Farahmand

Department of Law, Larestan Branch, Islamic Azad University, Larestan, Iran

Babak Khosrave Niya

Department of Law, Larestan Branch, Islamic Azad University, Larestan, Iran