Under article 267 of the civil code, a person who pays the debt of the other without his permission cannot recover the amount paid as the payment of debt in this situation appears to be gratuitous. Nevertheless, in different codes, the legislator has permitted a third party to pay the debts of the others in some situations.. By carefully examining these cases, it can be said that anytime the third party pays the other's debt in order to prevent his loss or the debtor's, the payment does not appear to be gratuitous and the third party can recover the amount paid for restraining the unjust enrichment and undue utilization and because of handling their property.
Asghari Aghmashhadi, F., & Asghari, S. (2012). The Payment of the Other's Debt by Necessity. Private Law, 9(1), 55-69. doi: 10.22059/jolt.2012.35125
MLA
Fakhroddin Asghari Aghmashhadi; Shahram Asghari. "The Payment of the Other's Debt by Necessity". Private Law, 9, 1, 2012, 55-69. doi: 10.22059/jolt.2012.35125
HARVARD
Asghari Aghmashhadi, F., Asghari, S. (2012). 'The Payment of the Other's Debt by Necessity', Private Law, 9(1), pp. 55-69. doi: 10.22059/jolt.2012.35125
VANCOUVER
Asghari Aghmashhadi, F., Asghari, S. The Payment of the Other's Debt by Necessity. Private Law, 2012; 9(1): 55-69. doi: 10.22059/jolt.2012.35125
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