نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکترای حقوق خصوصی، دانشکده ادبیات و علوم انسانی، دانشگاه گیلان
2 استادیار دانشگاه بین المللی اهل بیت (ع)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Every obligation must end; there are various ways to end the obligation. The main mode for the fall of any obligations is to fulfill it with the main object. But the question is whether the obligee and the obligor can change it with another object instead of fulfilling the main subject of the obligation, by mutual agreement? If so, what is its legal nature and what are the implications for it? This research shows that in Afghan law, by agreement of the parties, it is possible to replace the transfer of another object ownership with the main subject of the obligation. Regarding the nature of this agreement, some have considered it a sale, others a renewal of commitment; Some have called it a special kind of performance and another group a combination of renewal of commitment and performance; There are still theories that this institution of peace is a substitute; But this research shows that this institution does not fully comply with any of the mentioned institutions and is a special agreement that has its own characteristics and has its own provisions. This special agreement has a dual nature, on the one hand it is possessive and on the other hand it is fulfillment. . Therefore, in some respects, the rulings on sale and in other respects, the rulings on fulfillment can be applied to it.
کلیدواژهها [English]
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