Examining the validity of optional obligations in jurisprudence and law

Subject Areas : Nameh Elahiyat

Muhammad Ali  Saidi ¹ (Assistant Professor Razavi University of Islamic Sciences)
Sayyid Hasan  Wahdati Shubayri ² (Associate Professor, Qom University)
Ali Reza  Omidian ³ (PhD Student in Private Law, Razavi Islamic University)
Hujjjat  Puladin ⁴ (PhD Student in Private Law, Razavi Islamic University)

Received: 2021-12-22 Accepted : 2021-12-22 Published : 2021-04-21

Keywords: commitment, arrogance, Certainty, optional commitments, subject of commitment,

Abstract :

The issue of obligations is one of the most important and fundamental issues in law. One of the types of commitment to the validity of the subject is optional commitment. An optional obligation is an obligation that consists of two or more issues and the performance of one of the issues is sufficient to fulfill the covenant and causes the acquittal of the obligee. These obligations are recognized in the law of many countries and are very common in their trade. Despite the many benefits of such obligations, such as greater guarantee and ease in implementing the obligation and preventing the dissolution of the obligation, it is not mentioned in the Iranian legal system and has not received much attention among jurists and jurists and only brief discussions in jurisprudence and The rights are stated in this regard. There is also disagreement in jurisprudence and law about the validity of optional obligations, and many have questioned the validity of such an obligation for reasons such as arrogance, uncertainty, and uncertainty, but none seem to These arguments cannot undermine its validity. In the present study, according to the existing principles in Imami jurisprudence and Iranian law, the validity of optional obligations has been investigated.