نوع مقاله : پژوهشی
نویسنده
استادیار گروه حقوق، دانشکدۀ الهیات و معارف اسلامی، دانشگاه شهید مدنی آذربایجان، تبریز، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The indivisibility of the obligation requires that the obligor fulfill the obligation in full at maturity; And the obligee is not required to accept part of the obligation. However, according to the second part of Article 277 of the Civil Code, the judge can give grace period according to the situation of the obligor. This sentence is taken from Article 1244 of the French Civil Code; But in practice it is abandoned Because in some recent laws, insolvency is a condition grace period to the debtor; And most courts do not rely on it in independent rulings. And most of the courts do not decision based on that. In this research, the historical origin, conditions and scope of grace period will be investigated. Is insolvency a condition for grace period? To be answered as a basic question. In short, we can say that grace period was introduced in ancient Rome and subsequently entered French law; And with several changes, finally in 2016, it was repeated with changes in Article 1342-4 of the French Civil Code. And with the conditions and in the absence of a legal prohibition, it is possible to grace period in financial obligations and it is not a condition to prove the insolvency.
کلیدواژهها [English]
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