Effects of Reciprocal Obligation: According To Iranian Laws
Journal Title: Studies in Social Sciences and Humanities - Year 2015, Vol 3, Issue 4
Abstract
Cautionnement or pledge contract is among personal obligations and its main effect, according to Shiite jurisprudents, is transacting obligations. However, most of the public canonists consider the main element of this contract as guaranteeing the obligations. Anyhow, some of them consider it as latitudinal obligation and the others consider it longitudinal. Both, in Shiite sect and in undemonstrative jurisprudence, it is believed that transfer or guarantee could be dominated by agreement, between the recognizee and recognizor (obligee and the guarantor). But, Imamieh (Shiite) jurisprudents unanimously consider the nature for pledge contract as transferring objects, and most of the public consider it as an obligation. Pledge contract and its effects has been referred to as designated contract, in Iranian civil law, and most of the regulations of this contract in the civil law have pursued Imamieh jurisprudence, to expedite the transfer effect of the cautionnement. But, according to the author, the definition of act 684 of the civil law is not allocated to the transferring effect of the obligation and could comprehend both theories of transfer and obligation, based on the common intention of the parties. On the other hand, the stronghold of the civil legislator in acts 699 and 723 indicates acceptance of obligation-to-obligation security, in case of the parties’ agreements. In bilateral or reciprocal contracts, the obligation of each party of the contract for the original received object is obligation for giving designated or definite exchange, which is called: “reciprocal obligation”.
Authors and Affiliations
Sosan asl Sharhani
Keywords
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