نوع مقاله : مقاله علمی ترویجی
نویسندگان
1 دانشجوی دکتری گروه حقوق دانشگاه اصفهان
2 دانشیار گروه حقوق دانشگاه اصفهان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The concepts of commitment and requirement and their relationship with the concept of “obligation” in the western laws, on the one hand, and the relationship between these concepts with duty and responsibility in Imamiyyeh jurisprudence, on the other hand, are amongst the most complicated legal relationships in Iran. Some jurists realize commitment as a legal relationship; some others as the creation of a relationship and another group as a proved duty on person’s responsibility. The challenge of jurists about the nature of obligation is not restricted to the mentioned means and being substantive or obligatory of rule is also challenging.
The aim of this research is recognizing the rules of obligations with regard to being substantive or obligatory, The exact identification of the concept of “commitment, distinction of a contract’s object from transaction item and finally the analysis the nature of promissory contract in the Iran laws. Present article has used of western law resources especially Common Law in order to submit the exact definition of obligation.
Investigating the notions of the jurisprudents and jurists, the authors have come to this conclusion that the commitment lacks a legal relationship sense in the law of Iran and it means the creation of a substantive relationship in its infinitive form. Acceptance of commitment in this sense would correct the flaws related to article 183 of the civil law and it will become incorporative of the possessory, promissory and permissive contracts. As an infinitive noun, commitment is proved duty on person’s responsibility and it can be the object of promissory contract whereas the transaction item is the commitment-based doing or not doing of an action in the promissory contracts
کلیدواژهها [English]