"【Civil Code】Payment to a person who appears to be the recipient …
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Hello everyone.
This is Akane Ariyama.
[Next after passing the real estate license exam]
[Real estate sales training for businesses]
[Become a real estate license exam on your smartphone! Online course to pass the real estate license exam in your spare time]
This time, we will talk about payment.
We will review the basics of payment and payment to parties other than the recipient.
What is payment?
Payment is doing what you "have to do."
For example, when a sales contract is concluded, the buyer is obligated to pay the price, and payment is the act of "paying the purchase price" based on this obligation.
Some people may wonder what the difference is between payment and performance, but payment and performance are synonymous (the same meaning).
However, the difference is that payment is a word from the perspective of the extinction of claims and obligations, while performance is a word from the perspective of the effectiveness of claims and obligations.
For the time being, it is OK to recognize that they are synonymous for the real estate license exam.
Payment to a person other than the recipient
Basically, payment is made by the debtor to the creditor (the recipient), but if there is some mistake and the debtor makes a payment to someone other than the recipient, will this payment be valid?
If the recipient has not received the payment, i.e. is not satisfied, this payment is invalid.
Payment to a person who appears to be a recipient
However, there are exceptional cases where a payment made to a person other than the recipient can be valid.
This is when the debtor makes a payment in good faith and without negligence to a "person who appears to be a recipient".
[Persons who appear to be recipients]
- A person who falsely represents himself as an agent of the recipient
- A bearer of a receipt or a claim document, etc.
When the debtor believes without negligence that this person has acted as a representative of the recipient, it is treated as a valid payment.
However, if the payment to the person who appears to be the recipient becomes valid, the claim will be extinguished, and the unsatisfied recipient (creditor) will naturally not be satisfied. Therefore, the recipient can demand the return of unjust enrichment from the fake recipient who received the payment. Unjust enrichment is a profit that is obtained without the right (cause) to receive it. Since the fake recipient has no right to receive payment, the real recipient can demand that it be returned. That's all for now. Next time, I would like to focus on payment by a third party. Thank you for reading to the end! Akane Ariyama Bonus (Event at Umeda Station Main Campus) I was glad that so many people came. Thank you very much! The next "Akane and Kazuko" will be "Akane and Kazuko's Nadeshiko Real Estate Broker Exam". I'll write my "personal goal" here
This is Akane Ariyama.
[Next after passing the real estate license exam]
[Real estate sales training for businesses]
[Become a real estate license exam on your smartphone! Online course to pass the real estate license exam in your spare time]
This time, we will talk about payment.
We will review the basics of payment and payment to parties other than the recipient.
What is payment?
Payment is doing what you "have to do."
For example, when a sales contract is concluded, the buyer is obligated to pay the price, and payment is the act of "paying the purchase price" based on this obligation.
Some people may wonder what the difference is between payment and performance, but payment and performance are synonymous (the same meaning).
However, the difference is that payment is a word from the perspective of the extinction of claims and obligations, while performance is a word from the perspective of the effectiveness of claims and obligations.
For the time being, it is OK to recognize that they are synonymous for the real estate license exam.
Payment to a person other than the recipient
Basically, payment is made by the debtor to the creditor (the recipient), but if there is some mistake and the debtor makes a payment to someone other than the recipient, will this payment be valid?
If the recipient has not received the payment, i.e. is not satisfied, this payment is invalid.
Payment to a person who appears to be a recipient
However, there are exceptional cases where a payment made to a person other than the recipient can be valid.
This is when the debtor makes a payment in good faith and without negligence to a "person who appears to be a recipient".
[Persons who appear to be recipients]
- A person who falsely represents himself as an agent of the recipient
- A bearer of a receipt or a claim document, etc.
When the debtor believes without negligence that this person has acted as a representative of the recipient, it is treated as a valid payment.
However, if the payment to the person who appears to be the recipient becomes valid, the claim will be extinguished, and the unsatisfied recipient (creditor) will naturally not be satisfied. Therefore, the recipient can demand the return of unjust enrichment from the fake recipient who received the payment. Unjust enrichment is a profit that is obtained without the right (cause) to receive it. Since the fake recipient has no right to receive payment, the real recipient can demand that it be returned. That's all for now. Next time, I would like to focus on payment by a third party. Thank you for reading to the end! Akane Ariyama Bonus (Event at Umeda Station Main Campus) I was glad that so many people came. Thank you very much! The next "Akane and Kazuko" will be "Akane and Kazuko's Nadeshiko Real Estate Broker Exam". I'll write my "personal goal" here
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