The subject of the contract and the subject of the obligation is unity or duality

سال انتشار: 1403
نوع سند: مقاله کنفرانسی
زبان: انگلیسی
مشاهده: 82

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SPNF19_201

تاریخ نمایه سازی: 13 اسفند 1403

چکیده مقاله:

"Description" and correct identification of concepts and titles are very important in the science of law. Why so; Algorithm plays a unique role in finding and possessing. One of the disputed issues that has not been resolved so far and constitutes the main question of the upcoming essay is that, despite the conceptual difference between "contract" and "commitment", the subject of these two are also different or not? In other words, what is the ratio between these two subjects of the Arbaah lineage? In this article, which was done by collecting information from library sources and using the analytical-descriptive method to discover the ruling and analyze it, this result is available. It is assumed that there should be a difference between these two concepts in the infinitive state and the infinitive noun. Therefore, in the acquisition contracts, the subject of the contract and the subject of the obligation are the same, but in the contractual contracts, the subject of the obligation (in the sense of a product or the infinitive noun) is different from the subject of the contract. The subject of commitment in contractual contracts is property or action, while the subject of the contract in these contracts is the responsibility of the obligee. From here, it becomes clear that the relationship between the subject of the contract and the subject of the obligation in the ownership contracts is "comparison" and in the covenant contracts is "contrast".

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