Basics of determination of liability in Iranian law

The condition of the obligation is the amount that the obligee pays for breach of contractual obligations, non-performance or delay in its fulfillment. The aforementioned condition has a dual nature in Iran's legal system. Deterrent description and compensation for breach of covenant and partial compensation for damage. In this research, it is explain the basics of determining the obligation in three categories: moral, Islamic juridical and legal, and social. The condition of the deposit is the factor of guaranteeing the fulfillment of the obligations and the stability of the contracts, and, it includes the partial compensation of damages. Rationality and equal freedom, preferring pure responsibility, guaranteeing the contractual rights, impact on organic contractual solidarity, impact on mutual action based on the purpose of exchange and value, providing the principle of necessity and compensation. The condition of obligation in Islamic jurisprudence has no precedent. The jurisprudential institution of bailment and sale of al-Arabun and the like are different in natur and can only be adapted in the form of an agreed damage condition. After examining the aforementioned principles, this article tries to find out how the institution of the obligation in the form of the terms of the contract has been adapted to the jurisprudence sources and the civil law of Iran, and which of the two criminal or compensatory natures the Iranian legislator has chosen for this condition is in mind. Also, the legal institution of obligation in Iran's legal system can be based on which social foundations.