S.M.sadegh Tabatabai; Zahra Akrami
Volume 2, Issue 5 , February 2014, , Pages 83-94
Abstract
AbstractOne of the controversial issues among lawyers in termination of obligation andits performance is legal nature of fulfillment of non-object of obligation.Although virtually all jurisprudents agree that this kind of fulfillment needscreditor and debtor's consent, some merely describe it as an ownership ...
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AbstractOne of the controversial issues among lawyers in termination of obligation andits performance is legal nature of fulfillment of non-object of obligation.Although virtually all jurisprudents agree that this kind of fulfillment needscreditor and debtor's consent, some merely describe it as an ownership contractand some others define it as novation as a kind of object changing. Determiningthe legal nature of paying the object which is different from the issue ofobligation, does not merely have analytical and theoretical impacts, but involvesthe effects of the difference between sale and exchange, difference between saleand unspecified contract, difference between novation etc. Those are practicalimpacts of this discussion. In other words, the main aim of this debate is to dealwith the question whether in an agreement such as novation, the guarantees ofdebt become abolished or for the sake of the contractual nature of it, some of theoptions will be applicable. The aim of this study therefore is to present suchviews along with a brief critical analysis.
