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Cites:

Information Journal Paper

Title

Permission to refuse the debtor from fulfilling the obligation until a positive reason is provided for it

Pages

  17-46

Abstract

 The basic rule is that the debtor has no right to delay the payment of the debt if the payment of the debt is immediate or on time and assuming it is possible to perform it. However, most jurists believe that any debtor can refuse to pay his debt until he can provide evidence to prove its payment, due to the need to prevent harm resulting from the possibility of re-conviction and taking an oath. However, some jurists believe that only in obligations, the debtor has the right to refuse that his claim is not accepted in fulfilling the obligation. Other jurists have considered this right to be assigned to obligations for which the Creditor has a positive Reason to prove the principle of obligation. It seems that the view of most jurists in the current law regarding the obligations whose subject matter is to perform a positive act or surrender property is acceptable, provided that the Creditor is not subject to unusual damage, and In addition, the debtor, if possible, can suspend the fulfillment of his obligation to give the receipt. we can cite Reasons such as the rule of La Zarrar, the rule of Zarourat and necessity to avoid conflict, the Reason of Sireh, the debtor's excuse, and the criteria of some verses of the Holy Quran. Important effects and rulings are made on this view; The debtor is not responsible during the refusal period. The authorized guarantor does not have the right to refer to the debtor in the absence of a positive Reason for performing the debt and the debtor does not approve the payment. The lawyer in the delivery of property is required to provide a positive Reason. The costs of maintaining the property during the refusal period are primarily borne by the debtor.

Cites

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    • References

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    • Cite

    APA: Copy

    ESMAEILI, MOHSEN, & NASIRI, MOHAMMAD. (2021). Permission to refuse the debtor from fulfilling the obligation until a positive reason is provided for it. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 4(12 ), 17-46. SID. https://sid.ir/paper/414761/en

    Vancouver: Copy

    ESMAEILI MOHSEN, NASIRI MOHAMMAD. Permission to refuse the debtor from fulfilling the obligation until a positive reason is provided for it. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2021;4(12 ):17-46. Available from: https://sid.ir/paper/414761/en

    IEEE: Copy

    MOHSEN ESMAEILI, and MOHAMMAD NASIRI, “Permission to refuse the debtor from fulfilling the obligation until a positive reason is provided for it,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 4, no. 12 , pp. 17–46, 2021, [Online]. Available: https://sid.ir/paper/414761/en

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