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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 April 2021

Performance of an Obligation by a Third Party

Performance of an Obligation by a Third Party

(p.619) 45 Performance of an Obligation by a Third Party
Judge and Jurist

Sonja Meier

Oxford University Press

This chapter addresses the question of whether a debt can be discharged by a payment of a third party who is not obliged to pay. When a debtor is under an obligation towards his creditor and a third party offers to pay or to perform instead of the debtor, three questions arise: Is the creditor obliged to accept performance by the third party? Can the third party, by performing, discharge the obligation? Can the third party recover from the debtor? The chapter discusses the first two questions from a European point of view. It looks at the civil law tradition and the English common law; takes a short glimpse at Scots law; and, finally, considers possible solutions regarding a common European law.

Keywords:   Alan Rodger, debts, payment, third party, Scots law, European law, creditors, debtors

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