نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The effects of fulfillment of obligations are categorized into two classes: the common effects in all types of contractual obligations and specific ones in some of them. The most significant effect out of all common ones is the exoneration of the principal one under obligation and his extinction of obligation, so that other effects are mainly subordinate and their realization depends on that of the principal effect. Thus, it can be said that by exonerating the principal one under obligation from obligation and debt, fulfillment would lead to many other effects such as the extinction of subordinate obligations, liability of guarantors, extinction of the right of lien, and release of escrow and its securities. On the one hand, fulfillment changes the natural debt to a legal one. On the other hand, it proves the very obligation and is indicative of its earlier existence. This effect is achievable by a posteriori argument and a specific predominant behavior among the reasonable people of the world. The specific effects of fulfillment in certain contractual obligations are also noteworthy. Transfer of ownership in contracts in which the object of the transaction is general, and in real contracts as well as in sales on the condition of the reserve of ownership on the one hand, and extinction of the right of cancellation (choices) as well as prevention of its realization on the other hand, are among the significant effects of certain contracts. Therefore, one may classify the effects of fulfillment into three categories of “major and minor,” “common and specific,” and “positive and substantial.” This variety and frequency in effects, which is sometimes surprising, is not seen in any other legal institutions. Thus, fulfillment in contractual obligations is considered unique compared to other legal institutions.
کلیدواژهها [English]
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