The Legal Status of The Alternative Obligation

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ABDOLLAHPOUR MOHAMMAD MAHDI; SHAMS AHMAD; Nour shargh jamshid

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Journal Paper

Paper Information

Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2019 | Volume:11 | Issue:20 Page(s): 223-248

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Information Journal Paper

Title

The Legal Status of The Alternative Obligation

Author(s)

ABDOLLAHPOUR MOHAMMAD MAHDI | SHAMS AHMAD | Nour shargh jamshid | Issue Writer Certificate

Keywords

obligationQ2

Alternative obligationQ2

Plurality of obligations subjectQ1

Right to selectionQ2

GhararQ2

combinatorial obligationQ1

Abstract

Alternative obligation is one wherein debtors have two or more obligations, but they are free to clear their obligation by fulfilling either one of the objects of liability. The legality of this type of obligation has been recognized in the legal systems of numerous Western and Arabic countries, but there is no consensus in the Iranian legal system and Emamieh Jurisprudenceon this type of obligation. Many prominent Emamieh Jurists believe that there is no valid evidence against the legality of Alternative obligation. The main objection of the opponents of the legality of Alternative obligation is to the validity of sale and lease contracts, which are among possessory, and not promissory, contracts. In the Iranian legal system, uncertainty cannot be deemed as a ground for the nullity of contracts and obligations in and of itself, unless it leads to Gharar. Accordingly, Alternative obligations can be deemed valid in non-possessory contracts.

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APA: Copy

ABDOLLAHPOUR, MOHAMMAD MAHDI, SHAMS, AHMAD, & Nour shargh, jamshid. (2019). The Legal Status of The Alternative Obligation. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 11(20 ), 223-248. SID. https://sid.ir/paper/387335/en

Vancouver: Copy

ABDOLLAHPOUR MOHAMMAD MAHDI, SHAMS AHMAD, Nour shargh jamshid. The Legal Status of The Alternative Obligation. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2019;11(20 ):223-248. Available from: https://sid.ir/paper/387335/en

IEEE: Copy

MOHAMMAD MAHDI ABDOLLAHPOUR, AHMAD SHAMS, and jamshid Nour shargh, “The Legal Status of The Alternative Obligation,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 11, no. 20 , pp. 223–248, 2019, [Online]. Available: https://sid.ir/paper/387335/en

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