Debt Donation

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MIRSHEKARI A.; Mozafari kh.

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Journal Paper

Paper Information

Journal: JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW Year:2019 | Volume:10 | Issue:18 Page(s): 227-248

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Information Journal Paper

Title

Debt Donation

Author(s)

MIRSHEKARI A. | Mozafari kh. | Issue Writer Certificate

Keywords

DonationQ2

DebtQ2

Third partyQ2

ObligationQ1

Abstract

In Iranian law there are many legal institution such as Debt transfer, release and Debt Donation to release Debtor to pay. Despite some similarities, there are fundamental differences. The writers have paid little attention to the concept of Debt Donation. Some jurists believe that this gift is not correct because the Debt could not be delivered. They believe that Donation of Debt takes place in the form of release and the result is the same in both. On this same basis, they also consider Debt Donation to Third party as invalid. However, another group argues that the delivery is not only physical. Overpowering the gift is also important and occurs in Donation of Debt. In addition, if the subject of Donation is at disposal of receiver, there is no need for new delivery. In Debt Donation, Debt is at the disposal of Debtor. Hence, there is no need for delivery. In this opinion, the initial effect of release differs from Debt Donation; Debt Donation leads to ownership of Debt and the release leads to Debt collapse and this difference leads to different effects. When the Debt is donated to a Third party, because, after Debt Donation, the Third party becomes the owner of Debt and can refer to Debtor, delivery has taken place. In French law, a Debt transfer can also be done for free; in this case, it will be possible to apply rules of Donation to it.

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APA: Copy

MIRSHEKARI, A., & Mozafari, kh.. (2019). Debt Donation. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, 10(18 ), 227-248. SID. https://sid.ir/paper/207127/en

Vancouver: Copy

MIRSHEKARI A., Mozafari kh.. Debt Donation. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW[Internet]. 2019;10(18 ):227-248. Available from: https://sid.ir/paper/207127/en

IEEE: Copy

A. MIRSHEKARI, and kh. Mozafari, “Debt Donation,” JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, vol. 10, no. 18 , pp. 227–248, 2019, [Online]. Available: https://sid.ir/paper/207127/en

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