Legal Nature of Fulfillment of Non-object of Obligation

• Main Authors: Zahra Akrami, S.M.sadegh Tabatabai
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2013-01-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: Object of obligation; Fulfill of obligation; Novation; Fulfillment of non-object of obligation
• Online Access: http://jplr.atu.ac.ir/article_565_c409c6c108e8992be1fe2f6589f48e75.pdf

One of the controversial issues among lawyers in termination of obligation and its performance is legal nature of fulfillment of non-object of obligation. Although virtually all jurisprudents agree that this kind of fulfillment needs creditor and debtor's consent, some merely describe it as an ownership contract and some others define it as novation as a kind of object changing. Determining the legal nature of paying the object which is different from the issue of obligation, does not merely have analytical and theoretical impacts, but involves the effects of the difference between sale and exchange, difference between sale and unspecified contract, difference between novation etc. Those are practical impacts of this discussion. In other words, the main aim of this debate is to deal with the question whether in an agreement such as novation, the guarantees of debt become abolished or for the sake of the contractual nature of it, some of the options will be applicable. The aim of this study therefore is to present such views along with a brief critical analysis.