Method of Performance: “Fulfilment” in Law or “Delivering Property” in Jurisprudence
The issues of obtaining objects in law are under the method of “fulfilment” of the obligation and the issues of obtaining of property in jurisprudence are under the method of the “delivery of property.” Law wants to obtain objects on the basis of “theory of commitment” and jurisprudence wants obtain...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Persian |
| Published: |
Razavi University of Islamic Sciences
2024-05-01
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| Series: | آموزههای فقه مدني |
| Subjects: | |
| Online Access: | https://cjd.razavi.ac.ir/article_1665_a1aff7fb34cbc4ab1300a097b514c779.pdf |
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| Summary: | The issues of obtaining objects in law are under the method of “fulfilment” of the obligation and the issues of obtaining of property in jurisprudence are under the method of the “delivery of property.” Law wants to obtain objects on the basis of “theory of commitment” and jurisprudence wants obtain property based on “theory of delivery.” The present method of performance at the law in order to achieve the right is the “fulfilment of obligation” according to these theories and the present method in jurisprudence in order to obtain property is the “delivery of property” according to these mentioned theories. Including that the law will solve the problems based on “violation and breach of commitment” and “subrogation in death” and jurisprudence will solve the problems based on “violation and breach of property” and the “existence of obligation” and each of which have different effects and verdicts. Therefore, the hierarch of Civil Code of the Islamic Republic of Iran, which is inspired by two sources of jurisprudence Fiqh (Arabic: فقه) and Roman law is like one person with two different personalities, because it has adopted Roman law in the case of “contracts and obligations in general,” and the basis is commitment and the basis is adoption in the case of “specific contract and the obligatory suretyship” that has been adapted from Jaʿfarī jurisprudence. |
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| ISSN: | 2251-936X 2783-3690 |