Ethical criteria for transferring an obligation in Iranian law

Commitments are an important part of law and even our daily lives. For this reason, it is important to address the terms and conditions of the transfer of commitment, the ethical standards that govern them, and even to know the laws and regulations in this field. The present study raises the question: What are the elements of the ethical criteria governing the transfer of obligation in domestic law?

The findings show that the transfer of commitment, although required by law, is sustainable based on moral principles and good morals; Considers the issue of compensation in the obligation; Is based on satisfaction; The beneficiary participates in the transfer of the obligation and finally considers the exchange of the transfer in certain cases.

Institutions similar to the transfer of commitment are seen in Iranian domestic law, but this acceptance never means the existence of the institution of transfer of commitment in domestic law, in other words, the vacancy of such an institution is felt. Because in the transfer of obligation, the obligation is transferred with all its functions and its guarantees remain, and the most important guarantees are ethical principles and criteria such as consensus of the parties, participation in the transfer of commitment, agreement of the obligation and following good morals. In this case, the transfer of commitment can be accepted in domestic law as an institution.