Voluntary Commitment In Iranian Law
Subject Areas : Civil Law
Akbar
Imanpour
1
(Assistant Professor of Private Law, Department of Private Law, Faculty of Humanities, Guilan University, Rasht, Iran.)
Mehri
Masuodi
2
(Master's Student in Private Law, Department of Private Law, Faculty of Humanities, Guilan University, Rasht, Iran.)
Keywords: The subject of commitment, optional commitment, definiteness, deceived,
Abstract :
One of the types of obligations that arise from the contract and people commit to it in their contracts is voluntary obligation. Voluntary commitment is a commitment with two or more issues where the implementation of one of the issues is enough to fulfill the promise. Like the commitment of someone who has bought a product from a person to check it and decide to buy it or not after checking it. Jurists and jurists have different opinions on the validity and invalidity of such obligations, and the legal regulations do not have the necessary transparency in this matter. Although some people believe that the subjects of voluntary commitment should be equal to each other so as not to affect the validity of the contract. These people believe that voluntary commitment is a commitment to two or more goods with specific characteristics and price, And the selector is also known, and there is no unusual uncertainty. Sometimes, instead of determining the subject of the obligation, rules are determined, in which case the subject of the obligation should not be considered unknown. In fact, by determining the holder of the right to choose, who may be the obligor or obligee, the confusion is eliminated and the grounds for voiding the obligation are eliminated. Some people have the opposite opinion. In this article, the authors try to explain the concept of voluntary obligation, compare it with similar titles and concepts, examine its validity or invalidity in Iranian jurisprudence and law, and provide a suitable solution to those interested.
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