چکیده:
Undoubtedly, one of the most fundamental topics of research in jurisprudence is obligation, for which various classifications have been considered. One type of obligation, based on the multiplicity of its subject matter, is the alternative obligation, which, despite the existence of examples in the Iranian legal system, is not mentioned in the Civil Code and has attracted little attention from legal scholars. Although alternative obligations have numerous advantages for the parties involved, including a greater guarantee of obligation fulfillment and ease of execution, the legitimacy and validity of such obligations are questionable due to reasons such as the uncertainty of the obligation's subject matter and the occurrence of gharar (risk/uncertainty). This article aims to identify the concept and legal basis of alternative obligations and the specific rules governing them, seeking to provide a more precise understanding of alternative obligations, their characteristics, reasons for validity, and how they are executed.
خلاصه ماشینی:
One type of obligation, based on the multiplicity of subject matter, is the alternative obligation, which, despite the existence of examples of it in the Iranian legal system, is not mentioned in the Civil Code and has attracted little attention from legal scholars.
When discussing the alternative obligation, issues such as the nature of such an obligation, its types and examples in Iranian law, the validity of this category of obligations in light of the necessity of certainty of the subject matter of the transaction are raised, which must be examined and analyzed.
By carefully considering issues such as the use of the term obligatory choice in jurisprudence, the use of the term alternative obligation by legal scholars, and the literal meaning of alternative, it can be concluded that the alternative obligation is a suitable term to refer to an obligation that has more than one subject and is fulfilled by performing one or some of them at the choice of the obligor, obligee or a third party.
According to Article 3 of the Civil Liability Law, the court will determine the amount of damages and the method and manner of compensation with regard to the circumstances of the case; therefore, the court can make compensatory damages in an alternative manner the subject of its ruling by considering the conditions of each lawsuit, and it can even specify the holder of the choice in the ruling.
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