Performance of an obligation by a third party

Performance of an obligation by a third party (namely, the third-party performance), as a legal concept, means that a person other than the debtor fulfils an obligation in her own name and with the intention of performing a specific debt belongs to another. This study deals with the third-party performance with its theoretical basis and legal consequences. The first part, after identifying the position of the third parties within the scope of the performers of an obligation, examines the legal nature of the third-party performance and explains its main elements. The second part, from a comparative law perspective, evaluates in which circumstances third parties are to be allowed to fulfil a debtor's obligation and whether the power of the third parties to perform another's debt should be subject to any restrictions; then following third part discusses the potential legal effects of the third-party performance on the existing debt relationship between the creditor and the debtor. The final part concern with the right to recourse, which a third party may have against the debtor as a result of the legally effective third-party performance.