Social Sciences (discontinued) (18185800)9(3)pp. 163-172
Article 264 of the Iranian Civil Code dwells on the discharge of obligation. The objective of this study is to address the lacunae and ambiguities identified in the said article. Toward this end, the article proposes a new classification of the means for the discharge of obligation which is in tune with legal developments in a new world, as well as a set of definitions for five of the six means of discharge left undefined in Article 264. The article begins by interrogating the classification of the means of discharge of and obligation contained and in Article 264, the lack of suitable definitions and the French influence on the drafting of the said article. The article then outlines other possible means for the discharge of obligation not contained in article 264 but are only mentioned in passing in different parts of the Civil Code. Following this, an alternative classification of the means for the discharge of obligation, comprising both direct and indirect means, is offered. The study also draws upon the views of other Islamic commentators on the scope for the improvement of Article 264. This article is a library-based research and the method is analytic and critical. © Medwell Journals, 2014.
Social Sciences (discontinued) (18185800)8(6)pp. 618-627
The discharge of obligation is one of the most important legal issues to which special attention has been paid in both Iranian and Malaysian laws. Under Article 264 of the Iranian Civil Code, an obligation is discharged in one of the following ways: Fulfillment of the obligation, cancellation of agreement by mutual consent, release from obligation, substitution of a different obligation, set off and recoupment and acquisition of debt. In effect, Iranian legislation provides six modes of discharge of obligation. In Malaysian law on the other hand, an obligation is discharged through one of the following 4 ways: Performance, frustration, agreement and breach. With regard to form the Iranian Civil Code is dependent on a written legal system (the Roman-Germanic legal system) but in terms of content, it is influenced by Islamic law. By contrast, the Malaysian legal system is considerably influenced by an unwritten legal system (the common law). The task of this study is to examine and critique the modes of discharge of obligation under Iranian law in comparison with those under Malaysian law. The central goal is to remove the ambiguities and related problems observed in the Iranian law in order to give it greater efficacy. The research is a library-based type with a comparative analytic method. © Medwell Journals, 2013.
Social Sciences (discontinued) (18185800)8(5)pp. 412-420
Discharge of contractual obligations is one of the most important legal subjects and Articles 264-300 of Iranian Civil Code are devoted to this issue. Discharge of obligation is termination of commitment as a result of legal means. These means are classified in Article 264 Civil Code of Iran as the following namely; by fulfilment of obligation, by cancellation of bargain, by release from obligation, by substitution of obligation, by offset and recoupment and by acquisition of debt. Legislators of Iranian Civil Code have extracted this article from Article 1234 French Civil Code with some changes. Iranian law was dramatically under the influence of two legal Islamic and Roman-German systems. This matter led to approaching the form of Iranian Civil Code to the French Civil Code and its content to the Islamic law. In legislating Iranian Civil rights, two movements of Islamism and modernism were combined with each other but this extraction and structural imitation with all of its features contains many problems and ambiguities. In this study, the data gathered is of the library type and the research method is analytical. This study can be of benefit for law students, attorneys and judges aiming to help them better understand the discharge of contract law in Iran. © Medwell Journals, 2013.
