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|Other Titles: ||Payment for the Purpose of Discharge|
Intent of debt;Original debt;Other claims;Contract concerning payment for the purpose of discharge;Indirect performance;Discharge method;Delay in payment;Right of variation;Variation obligation;Relationship akin to commission
|Issue Date: ||2014-10-06 17:11:04 (UTC+8)|
The so-called payment for the purpose of discharge is a type of payment received by creditor with intent other than the original one of debt, which, upon agreement between claimant and creditor, will be deemed as discharge of debt after creditor’s acceptance of the benefit resulting from variation. Neither debtor nor creditor has statutory obli-gation to propose or accept the payment for the purpose of discharge, therefore, such payment can only be established on the basis of the con-tract between claimant and creditor therefore. In addition, creditor will, in principle, have the right and obligation of variation on other claims in accordance with the contract in respective of the payment for the purpose of discharge. And a relationship akin to commission will be established between creditor and claimant, in which if creditor, due to negligence, fails to perform the variation obligation or its derivative obligation(s), he should bear liability to pay compensation to claimant for the damages thus incurred. Besides, under the contract concerning such payment, creditor has variation obligation on other claims, so the institution of other claims will grant debtor a possible right to refuse to perform the original debt. However, it will be a different issue whether ornot the original debt of a delay in payment, or its further duration can be eliminated on the ground of the institution of other claims.
|Relation: ||法學評論 , 121, 1-52|
|Data Type: ||article|
|Appears in Collections:||[法律學系] 期刊論文|
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