نوع مقاله : پژوهشی
نویسندگان
1 استاد گروه حقوق خصوصی دانشگاه علوم قضایی و خدمات اداری
2 دانشجوی دکتری حقوق خصوصی دانشگاه علوم قضایی و خدمات اداری
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
If person owe to another with different reason and pay sum to paying off his debt; the article 282 civil law authorize to him for choosing that for which debt is this payment. In order to entitle the debtor for this selection; some conditions are needed; among the most momentous of these conditions is the amount of payment and debt. In this regard there is a dubious assumption that shows there is conflict in some assumptions with article 277 that seems according to legislative supportive. Approach in article 282 and interpretation in favor of the debtor; all qualities shall be covered by the above article. Regarding the time interval that debtor has authority to exercise his above right different approaches is stated. In one hand existence of proofs in article 282 on the basis of deviate from the chosen method in French law and attention to jurisprudential comment in regarding of debtor’s option.In the other hand existence some theories base on staying the debtor’s right at the time of quarrel. It is all enlightening that debtor’s option in selecting one of the several debts in article 282 is absolute and conditioning both time of debt settlement and litigation time.
کلیدواژهها [English]
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