tailieunhanh - Unjustified Enrichment: Key Issues in Comparative Part 7

Về nguyên tắc, bất kỳ người nào có thể thực hiện nghĩa vụ của người khác như nó thường được đặt trong nguyên tắc nhân cách của solvens là một vấn đề của sự thờ ơ '0,16-bên thứ ba không cần phải cho mục đích này, ngay cả dường như có ý hành động trong tên củacon nợ trong sản phẩm có prestation, miễn là ông cung cấp các chủ nợ chính xác đối tượng, vấn đề nghĩa vụ của con nợ | performance of another s obligation 437 2. Who may perform In principle any person may perform another person s obligation as it is often put in principle the personality of the solvens is a matter of indifference .16 The third-party need not for this purpose even purport to act in the name of the debtor in offering the prestation as long as he offers the creditor exactly the subject-matter of the debtor s obligation. While in French law a typical context for third-party performance of an obligation is the case where the debtor asks a third party to perform the prestation for him there is no need for the third party to have the debtor s consent or authority to act in this way though the issue of consent does affect the possible recourse which a third party may have against the debtor .17 However this general principle is qualified by article 1237 of the code which disallows third-party performance where the creditor has an interest in performance by the debtor himself. In general the issue of a creditor s interest is a matter for the juges du fond and they have interpreted the matter generously from the point of view of the The creditor s interest for this purpose is typically found in the fact that the creditor in entering the contract with the debtor relies on the latter s skill or other personal characteristics of which he should not be deprived by third-party intervention. However it may be found in other elements so that for example where a person sells property in return for an annual payment rente viagere the seller creditor may have a legitimate interest in refusing payment of the rente by a third party even if the buyer debtor is insolvent as non-payment of the rente would otherwise entitle him to terminate the contract and recover his Also on this basis the courts have allowed a landlord of a farm to refuse to accept the payment of rent by the father of the tenant farmer where both the tenant and his father s attitude suggested .