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Under what conditions can the third party not pay for it

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Under what conditions can the third party not pay for it


        

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  • 2024-06-06 03:00:48

    1、 The circumstances where the third party cannot pay off on behalf are:

    1. Depending on the nature of the debt, no third party may be allowed to pay off the debt on behalf of the third party;

    2. It is agreed between the creditor and the debtor that no third party may pay off the debt on behalf of the creditor;

    3. The creditor has legitimate reasons for refusing to pay off on behalf of the debtor, and the debtor has legitimate reasons for raising objections;

    4. The third party paying for the debtor has no intention of paying for the debtor.

    2、 Repayment by proxy refers to the performance of a debt by a third person to the obligee when there is no law or agreement between the parties that repayment can be performed by a third person.

    3、 The conditions for repayment are as follows:

    1. Depending on the nature of the contract, the third party may be responsible for the settlement.

    2. There is no agreement between the creditor and the debtor that a third party may not pay off the debt.

    3. The creditor has no valid reason to refuse to pay off on behalf of the debtor, and the debtor has no valid reason to raise objection.

    4. The third party paying for the debtor must have the intention to pay for the debtor.

    [Legal Basis]

    Article 524 of the Civil Code of the People's Republic of China states that if the debtor defaults and a third person has a legitimate interest in performing the debt, the third person has the right to perform on behalf of the creditor; However, the exception is that only the debtor can perform according to the nature of the debt, the agreement of the parties or the law.

    After the obligee accepts the performance of the third party, its creditor's right against the obligor is transferred to the third party, except otherwise agreed by the obligor and the third party.

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