Debtor’ s Right to Choose in Selecting One of His Several Debts

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Ghasemzadeh Seyed Morteza; NOURI FATEMEH

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2019 | Volume:83 | Issue:107 Page(s): 227-247

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Information Journal Paper

Title

Debtor’ s Right to Choose in Selecting One of His Several Debts

Author(s)

Ghasemzadeh Seyed Morteza | NOURI FATEMEH | Issue Writer Certificate

Keywords

Article 282 of Iranian civil codeQ1

Several debtsQ1

Time of debt settlementQ1

Article 277 of Iranian civil codeQ1

Distribution theoryQ1

Abstract

According to Article 282 of Iranian civil code, the person who owes another by different reasons, holds the right to choose which payment is for which cause of debt. Meanwhile some conditions are needed in order to grant him this right. The amount of payment and debt is the most momentous of among these conditions. Although it seems that the mentioned article has a supportive nature to benefit debtors and must be interpreted in this manner, yet there are some dubious assumptions that don’ t match with this article. Therefore it’ s indeed necessary for the legislator to change the laws for maximum coverage. As well as above, different approaches has been taken regarding the debtor’ s time interval to exercise his mentioned right. In one hand we can confirm the 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. And In the other hand not securing the creditor’ s right at the time of quarrel all together shows that debtor’ s right in selecting one of the Several debts – as asserted in article 282 – is absolute with a spread of time for both the payment time and the time the complaint is held.

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APA: Copy

Ghasemzadeh, Seyed Morteza, & NOURI, FATEMEH. (2019). Debtor’ s Right to Choose in Selecting One of His Several Debts. THE JUDICIARY’S LAW JOURNAL, 83(107 ), 227-247. SID. https://sid.ir/paper/137887/en

Vancouver: Copy

Ghasemzadeh Seyed Morteza, NOURI FATEMEH. Debtor’ s Right to Choose in Selecting One of His Several Debts. THE JUDICIARY’S LAW JOURNAL[Internet]. 2019;83(107 ):227-247. Available from: https://sid.ir/paper/137887/en

IEEE: Copy

Seyed Morteza Ghasemzadeh, and FATEMEH NOURI, “Debtor’ s Right to Choose in Selecting One of His Several Debts,” THE JUDICIARY’S LAW JOURNAL, vol. 83, no. 107 , pp. 227–247, 2019, [Online]. Available: https://sid.ir/paper/137887/en

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