A NATURAL OBLIGATION ARISES FROM CIRCOMPSTANCES

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JAVANMORADI NAHID

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Journal: PRIVATE LAW Year:2017 | Volume:5 | Issue:19 Page(s): 45-72

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Information Journal Paper

Title

A NATURAL OBLIGATION ARISES FROM CIRCOMPSTANCES

Author(s)

JAVANMORADI NAHID | Issue Writer Certificate

Keywords

NATURAL OBLIGATIONQ2

UNILATERAL LEGAL ACTQ1

UNDU PAYMENTQ1

CIVIL DEBITORSQ1

MORAL DUTYQ1

Abstract

In most legal systems, there is no legal sanctions regarding NATURAL OBLIGATIONs. Implementation of this commitment depends on the will of debtor and only in this case it is irretrievable. Voluntary execution (Payment) of a NATURAL OBLIGATION (also called an imperfect obligation), regardless of its bases which can be an aborted or a pure MORAL DUTY is, in most legal systems, considered as a valid legal act in regard of the civil creditors, and not an undue payment or an unjustified enrichment. Therefore, it cannot be restitute except if it is done involuntary or fraudulently to the prejudice of the civil creditors. As the payment of a natural debt is totally depended to debtor’s decision, its legal nature is supposed to be a UNILATERAL LEGAL ACT, and not an agreement. The French case law regarding NATURAL OBLIGATIONs is contradictory but in Iran’s legal system the execution of NATURAL OBLIGATION is valid provided that there is no malice and intent to prejudice the civil creditors.

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APA: Copy

JAVANMORADI, NAHID. (2017). A NATURAL OBLIGATION ARISES FROM CIRCOMPSTANCES. PRIVATE LAW, 5(19 ), 45-72. SID. https://sid.ir/paper/252733/en

Vancouver: Copy

JAVANMORADI NAHID. A NATURAL OBLIGATION ARISES FROM CIRCOMPSTANCES. PRIVATE LAW[Internet]. 2017;5(19 ):45-72. Available from: https://sid.ir/paper/252733/en

IEEE: Copy

NAHID JAVANMORADI, “A NATURAL OBLIGATION ARISES FROM CIRCOMPSTANCES,” PRIVATE LAW, vol. 5, no. 19 , pp. 45–72, 2017, [Online]. Available: https://sid.ir/paper/252733/en

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