پرداخت ثالث و مقايسه ي آن با عقد ضمان و تبديل تعهد

Third-Party Payment and its Comparison with Guaranty and Substitution of an Obligation.

The juridicial institution of the payment of debts by a third party is not anything new but has its roots in the religious jurisprudence. Moreover, the French civil law, after which Iranian civil law has been fashioned, has accepted this type of payment. It goes without saying that payment of debtorʹs debt by a person who is a stranger to the debtor, brings about an exemption from payment for the debtor and the loaner cannot make any further claim. But certain conditions are needed for this exemption without which third-party payment is not valid. Furthermore as this action depends on a proactive will and has many jurdicial implications, one can argue whether it is a contract or a natural occurance without questioning its legality. There is no doubt that in third-party payment, like guaranty and substitution of an obligation a debt is removed from a person by someone else, who is not the main party in the obligation. But it is worth investigating what distinguishes these three legal concepts. This article tries to describe the legal nature of third party payment and the subtle differences with reference to different opinions in this regard, choosing one opinion which is the best.