پرداخت دين ديگري در نظام حقوقي ايران

REPAYING SOMBODY ELSEʹS DEBTS IN IRAIAN LEGAL SYSTEMI

According to article 267 of Civil Law, if a person repays somebodyʹs debt without his prior consent, he has no right of refund. However, inferences derived from different relevant laws and also jurisprudence literatures specify the direction towards the intended result. It should be pointed out the the last part of the civil law article 267 does not represent the true nature of Iranian Legal system. In the Iranian judicial system, as in most other countriesʹ, the person repaying somebody elseʹs debt can refund in the following cases: the person intends to do a favor without any expectation, or gets no benefit in repaying the debt or has no obligation. In such circumstances, the payer can refer to the debtor although he has not received any permission from the debtor.