چکیده:
One of the branches of the subject of managing non-owned property in Iranian law is the study of the scope of the regulations of this legal institution regarding the management of debts of others; a subject that, given Article 267 of the Civil Code, brings to mind the question of whether the payer of the debt of an absent or incapacitated person—who has proceeded to pay their debt without the debtor's permission—has the right to recourse against the debtor and claim what they have fulfilled, upon proving the conditions mentioned in Article 306 of the Civil Code or not? It seems that if we accept the legal representation of the manager in view of the necessity of intervening in the affairs of non-owned property and base the legitimacy of intervening in the property of others on the existence of necessity, then third-party payment must be accepted. Consequently, this permission, which arises from the conditions of Article 306 of the Civil Code, will reserve the right of recourse for the manager—who is considered the legal representative of the original debtor.
خلاصه ماشینی:
Therefore, the following question arises: if a person proceeds to pay the debt of another—which is considered a type of managing the affairs of others—and the conditions of Article 306 of the Civil Code are also met (meaning that necessity requires the payment of the debt and delay would cause harm), should this case be considered one of the instances of managing others' property, thereby granting the payer the right to recourse against the original debtor, or should the payer be deprived of the right of recourse due to the lack of permission from the debtor, pursuant to Article 267 of the Civil Code?
In French law, it is often said that Article 1372 of the Civil Code refers to cases where physical possession of another's property occurs, and the intended meaning of property is something that, prior to the intervention, is considered part of the other's property,12 but judicial practice has permitted interference in the property and assets of others—in all cases where a benefit accrues to the owner, provided that the aforementioned act is useful and necessary;13 therefore, French law has accepted the payment of another's debt with the fulfillment of the conditions for the legal establishment of "managing the affairs of others," and the payer can recover the paid amount based on this claim.
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