The Legal Status of The Alternative Obligation

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...

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Published in:	Muṭālaʻāt-i fiqh va ḥuqūq-i Islāmī : dū faṣlnāmah-i ʻilmī, pizhūhishī Vol. 11; no. 20; pp. 223 - 248
Main Authors:	MOHAMMAD MAHDI ABDOLLAHPOUR, Ahmad Shams, jamshid nour-shargh
Format:	Journal Article
Language:	Persian
Published:	Semnan University 01-05-2019
Subjects:	alternative obligation combinatorial obligation gharar obligation plurality of obligations subject right to selection
Online Access:	Get full text
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Summary:	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.
ISSN:	2008-7012 2717-0330
DOI:	10.22075/feqh.2019.14968.1612