THE SET ASIDE OF DEBT AND ITS EFFECTS

Abstract

Whenever there is a debt on someone, the debtor can pay back his debt and ask the creditor for a clearance. Should the creditor refuse to accept the debt, this could be construed as an abuse and harm to the debtor who can turn to the court or any other competent authority. The court or the other competent authority could accept the debt on behalf of the creditor. In case the debtor is not able to reach a court or a competent authority, he/she should ascertain and set aside the debt and is on longer responsible to guard the debt should it perish without his/her fault. Law shall not assign any responsibility to debtor to look after the property allocated to the debt, otherwise this allocation will not make sense. The treatment of any property derived from this debt which is allocated to the creditor but has not been handed over to him/her could a topic for debate.

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