نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، دانشکده ادبیات و علوم انسانی دانشگاه گیلان
2 استادیار دانشکده حقوق و علوم سیاسی، دانشگاه بینالمللی اهل بیت (ع)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Every commitment must be end and there are different causes of ending a commitment. Discharging of an obligation by the original subject is the original form for any commitment. But the question is whether the promisor and promisee can replace the disposition of another object with discharging the original subject of commitment by a mutual agreement? What is the legal nature of it, if this is possible, and what effects does it have? It has been shown in this article that it is possible to replace the disposition of another object with the agreement of the parties in the Law of Afghanistan. Some consider it to be a “sale” (Arabic: بَیْع, Bayʿ) regarding the nature of this agreement, others consider it to be substitution of an obligation and some say it is a special form of discharging and the other group consider it to be a combination of substitution of an obligation and discharging. There are still theories that this institution is compromise made for consideration but the research shows that it is not in full compliance with any of the above-mentioned institutions and is a special agreement that has its own characteristics and its own rulings. This special agreement has a dual nature that it is possessive on the one hand and it has a discharging characteristic on the other hand, so it can be applied in terms of sales and in other respects.
کلیدواژهها [English]
)