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Explanation of Article 147

Explanation of Article 147

This article addresses the cases in which the recovery of undue payment is not permissible. It stipulates that there is no basis for recovering undue payment if the payment was made by someone other than the debtor, and as a result, the creditor, acting in good faith, has relinquished the debt instrument or any guarantees obtained, or has abandoned his claim against the original debtor until the expiration of the prescribed period for hearing it. In these cases, the payer may seek recourse against the original debtor for the debt in accordance with the provisions of this system.

Article 147

An undue payment may not be recovered if the repayment was made by a person other than the debtor and, as a result, the creditor, acting in good faith, is no longer in possession of the debt instrument or the security for such debt or fails to initiate a claim against the original debtor until the lapse of the statute of limitation. In such case, the third party who made the repayment shall have the right of recourse against the original debtor in accordance with this Law.