A man pays the debt of his friend without his knowledge … and asks for the amount after two years, is this legal?

A reader asks “Emirates Today” about a legal problem facing him, indicating that he was present in one of the councils with a group of friends, and he talked to them about his passage of financial hardship, which he was unable to pay a debt worthy of one of the companies concerned with financing.


He says that he did not notice that one of his friends was recording the details on his phone, then he surprised him a few days later to pay the debt without his knowledge or the latter asked him to do so, and after about two years of that incident, the questioner was surprised by a call from the volunteer friend asking him to return the debt, so is he entitled to law that? What should he do? .

By referring to the lawyer and legal advisor, Badr Khamis, he explains that it is legally decided that whoever fulfills the debt of others by his command has to return to the debtor party with what he paid for him, and thus the existence of an agreement between the two parties is required, and that the debtor ask the creditor to ensure that his debt is paid.

As for the one who fulfilled the debt of others without an order or request from the debtor, he does not have to refer to the latter with what he paid in his favor except in the cases stipulated in Al -Fadala, as he is not entitled to refer to the original creditor unless the debtor is discharged from the debt, even after the fulfillment of his debt from the Mufi. In the sense that in the event that the original creditor fulfills the debt from the debtor after he was previously fulfilled from the Mufi, the latter has the right to demand it.

What is meant by “Al -Fadalah” is a beneficial action without anyone ordering it, but the judge authorized it or imposed it as a necessity or spent a custom, and he is considered a deputy for the debtor person and the provisions of Al -Fadalah apply to him. Away from the law, there is a moral commitment to the person who fulfilled his religion even if the debtor does not ask him to do so, in order to return the credit and the well -known, promote spreading goodness among people, and their keenness to help each other.