There are certain conditions for clearing to happen; that creating a problem in any of them can lead to the impossibility of falling obligations and religion of the parties. In the following, we mention some of the most important conditions:
The parties to be indebted and creditor
The first and most important condition for canceling obligations between the parties of the transaction is that both people are debtors to each other and creditors to each other at the same time. It is clear that otherwise debt cancellation has no meaning and cannot happen.
The generality of the subject of the two religions
One of the other conditions for the cancellation of debt between the parties of the transaction is that the general subject of the two debts is the same. Of course, this sameness does not mean that the two subjects are of the same gender; Rather, it is better to have the ability to exchange those two religions in the society. For example, you may need money from someone and owe him some wheat in return, in which case it is possible to write off the debt. But if you owe someone a sum of money and he owes you a carpet board, this issue cannot be invoked and has more specific conditions.
Of the same sex of both religions
As we said in the previous section, in the union of goods of mutual debt, it is not meant by the literal meaning or the main material that makes them. Rather, the intention is that these two genders are the same in the eyes of custom and the public, or in the eyes of both sides of the transaction, and that they have the possibility to exchange and become interchangeable with each other.
The same as the payment of both religions
The non-simultaneous payment of two debts and the difference in their time is one of the factors that can prevent the execution of the debt cancellation order and the obligations of both parties. Therefore, for the correct implementation of this ruling, it is necessary that the time of payment of both debt and demand be the same. That is, if one of these debts is related to the present time and the other is long-term, the possibility of clearing is denied from the parties of the transaction. Unless the other party waives its rights in this regard.
Homo
Another important condition for debt cancellation between two parties is that the place of payment of both debts is the same. In principle, the dispute in the place of payment of debts will prevent the implementation of this ruling. For example, if one of the parties is in our country and the other party is in another place, it will not be possible to perform clearing between them. In this case too, there are exceptions that can be relied upon according to the judicial ruling and the opinion of both sides of the transaction. For example, if one of the parties to the transaction skips the payment of the debt in the desired place and gives consent in relation to this location dispute, withdraws his right, or if the cost of the debt is paid in the desired place by the other party to the transaction, the possibility of implementing a practical judgment It can be done and the problem of co-location disappears.
Free
Another condition that exists for the decision to cancel the debt of both parties is that both religions are free. If one of the debts in favor of the other party has already been arrested, it is not correct to refer to this ruling; Because with the collapse of mutual obligations and debts, the right of one of the parties is lost and he is harmed. For this issue, consulting with a judicial authority can be helpful.
Acelable
In order to implement clearing, it is necessary that the lawsuits of both sides of the debt can be heard. In this way, if one of the debts of the two parties is past due, it is not possible to undertake to cancel the debt and the obligations between the two parties, and the person cannot refuse to pay his debt based on this ruling.
