The Special Role of "Obligation" in Proving Duties Between the Credit Containers of Obligation and Property in Iranian Jurisprudence and Law

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Background and Aim

From a long time ago, the terms of liability and obligation in the Islamic legal system have been known to regulate the credit and financial relationships of individuals, and in Western law, in the 19th century, a term of property with the same purpose was invented by French jurists.

Materials and Methods

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Findings

The Civil Code of Iran has included the rights of obligations under the title "in property" and despite the use of the mentioned vessels in the expression of its provisions, it has not explicitly mentioned their role and nature.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Conclusion

Although the container has less than the previous duty in the language of jurists, it has a special place in terms of the role of communication between other containers in realizing some important legal effects and also creating a balance between the property of the creditor and the debtor.

Language:
Persian
Published:
Economic Jurisprudence Studies, Volume:5 Issue: 2, 2023
Pages:
181 to 202
https://magiran.com/p2610283