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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| Language: | Persian |
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Razavi University of Islamic Sciences
2024-05-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_1665_a1aff7fb34cbc4ab1300a097b514c779.pdf |
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| author | mostfa karbalaei aghazadeh jalil ghanavaty |
| author_facet | mostfa karbalaei aghazadeh jalil ghanavaty |
| author_sort | mostfa karbalaei aghazadeh |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-dbf720d0d0b54eedb430ea484aaf5a6f |
| institution | Matheson Library |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2024-05-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-dbf720d0d0b54eedb430ea484aaf5a6f2025-07-31T10:16:44ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902024-05-01162919722610.30513/cjd.2022.4315.17221665Method of Performance: “Fulfilment” in Law or “Delivering Property” in Jurisprudencemostfa karbalaei aghazadeh0jalil ghanavaty1PhD in Private Law, Faculty of Law, Mofid UniversityAssociate professor, Faculty of Law, Farabi College, University of TehranThe 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.https://cjd.razavi.ac.ir/article_1665_a1aff7fb34cbc4ab1300a097b514c779.pdfpossessionsubrogationobligationviolation of commitmentviolation of property |
| spellingShingle | mostfa karbalaei aghazadeh jalil ghanavaty Method of Performance: “Fulfilment” in Law or “Delivering Property” in Jurisprudence آموزههای فقه مدني possession subrogation obligation violation of commitment violation of property |
| title | Method of Performance: “Fulfilment” in Law or “Delivering Property” in Jurisprudence |
| title_full | Method of Performance: “Fulfilment” in Law or “Delivering Property” in Jurisprudence |
| title_fullStr | Method of Performance: “Fulfilment” in Law or “Delivering Property” in Jurisprudence |
| title_full_unstemmed | Method of Performance: “Fulfilment” in Law or “Delivering Property” in Jurisprudence |
| title_short | Method of Performance: “Fulfilment” in Law or “Delivering Property” in Jurisprudence |
| title_sort | method of performance fulfilment in law or delivering property in jurisprudence |
| topic | possession subrogation obligation violation of commitment violation of property |
| url | https://cjd.razavi.ac.ir/article_1665_a1aff7fb34cbc4ab1300a097b514c779.pdf |
| work_keys_str_mv | AT mostfakarbalaeiaghazadeh methodofperformancefulfilmentinlawordeliveringpropertyinjurisprudence AT jalilghanavaty methodofperformancefulfilmentinlawordeliveringpropertyinjurisprudence |