An Analysis of commitment and moderating the rule of generalizing of legal proceeding to real rights

Whereas the relationships between liabilities and debts, contracts and liabilities, the liabilities effects on the third party, and the legitimacies of deals concluded for evading the fulfillments of liabilities are the most important disputes, the issue is raised: how is the legitimacy of proceeding the real rights in the current order considering obtaining the properties themselves, their similar ones, or their prices from the transactor who had intended to evade fulfilling their liabilities? So in this study, conducted based on a descriptive - analytic method, it is revealed that the relationship between debts and commitments are not equal, besides that sometimes liabilities are in favour of third parties, so considering the right to proceed active debts, they may entail effects against third parties. These effects, which may lead to obtaining the properties themselves from third parties and revoking the deal of the third parties with debtors, should be interpreted. In addition, the nature of recognizing proceeding debpts, beyond the debt of the debtor, and within the rights of third parties, which as far as proceeding is concerned, this is considered as part of the property of the active creditor, indicates nothing but moderating the right of generalizing proceeding to real rights.