"Adl va Ensaf" Comparative Law Researches Quarterly
"Adl va Ensaf" Comparative Law Researches Quarterly

The effects of third-party payment in Afghanistan's legal system

Document Type : Original Article

Author

Sayed Abbas Mosavi

Assistant Professor in Faculty of Law and Political Science, Al-Beroni University, Kapisa Province, Afghanistan

10.22034/aeclr.2024.389421.1112
Abstract
The Civil Code of Afghanistan explicitly accepts payment by third party in articles 806 and 898 and subsequent articles. According to this, third parties can act to fulfill the debtor's debt, but in which cases such an action has the effect of the debtor's obligation towards the creditor falling, and for the main parties of obligations has which main or side obligations, and which time it has the legal effect to refer for the payer third party it is necessary to research. Because the prevention of loss from the main parties of the obligation as an obstacle to the third party's performance and avoiding the loss from the third party by creating the right to appeal to him /her is an important factor in accepting the third party's payment and determining its legal effects. In this research, by using the descriptive-analytical type of qualitative research method and by using the document review method (library resources) to collect data, we conclude that in Afghanistan's legal system, different effects are foreseen for the third-party payment institution with regard to the prevention of losses from the interested parties compared to the main parties of the obligation and the payer third-party.

Keywords

Performance of the commitment
Creditor
Refer
Third-party
Debtor

Subjects

Volume 5, Issue 19
Summer 2022
Pages 30-40

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