The Feasibility of the debts return on the debtors due

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Saeedi Mohammad Ali; Mohammadhasani Sedigheh

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Journal Paper

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Journal: Private Law Year:2021 | Volume:18 | Issue:1 Page(s): 145-175

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Information Journal Paper

Title

The Feasibility of the debts return on the debtors due

Author(s)

Saeedi Mohammad Ali | Mohammadhasani Sedigheh | Issue Writer Certificate

Keywords

the debts

the debtors

due

"defunct will never return

Abstract

There are four major jurisprudential opinions on the possibility of returning the debt to the debtor. Those who believe in the impossibility of the return of the defunct debt argue for the rule of "defunct will never return" and the principle of non-recurrence. Citing the intangible nature of debt, the manner of wise people, and the validity of termination and cancellation of contracts whit the subject of debt, some believe that debt recurrence is possible. Some believe that the defunct debt is like the destroyed debt. But if there is a reason for returning of debt, a debt like a debt that has been overthrown return. Some have considered the intention of the parties as decisive. If the intention of the parties is possession, the return of debt is possible, but with the intention of payment debt, debt will not return. According to Articles 806, 701 and 723 civil code, the legislator has accepted the above view. Some of the results of accepting the view of return the debt like a debt that has been overthrown are the non-return of guarantees and documents belonging to debt, and the invalidity of installments on it and it must pay immediately.

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