چکیده:
One of the issues of the law of obligations in France is "modality" that it has been translated in the dictionary in condition and it's better to interpret the complications of the obligation that regardless of the source of obligation usually applies to all contractual and non-contractual obligations. One of these modalities is the indivisibility of the subject of obligations. Occasionally there are many parties for the obligation and the obligor and the obligee are numerous that obligation is divised. This is a principle in the law of obligations. But sometimes the subject of the obligation is indivisible. The obligation is indivisible when the obligor and the obligee are numerous and it has been created with one source and the subject of this obligation is indivisible that such obligation is subject to a certain legal regime that has been accepted by French and some other Muslim countries however, despite the theoretical and practical needs in Iran's civil law, it is not mentioned which is studied in this paper comparatively with French law.
خلاصه ماشینی:
However, sometimes the creditors or debtors are multiple, the obligation is created from a single source, and its subject matter is indivisible; such an obligation follows a specific legal regime that has been accepted in France and some Muslim countries, but has not been mentioned in the Civil Code of Iran.
Analytically, it can be said that in cases where the parties the parties to the obligation are not multiple and there is no more than one debtor and one creditor, even if the subject matter is inherently divisible, such as an obligation of a seller to deliver one ton of wheat, the subject of the obligation is indivisible and according to Article 277 of the Civil Code, the seller cannot perform half of his obligation or perform it in several installments.
The principle of dividing the obligation based on the multiplicity of parties In cases where an obligation exists between several debtors or several creditors, the question is whether, provided that the nature of the subject of the obligation, the contract, or the law does not create an obstacle to the dissolution of the obligation, the principle is based on the division of obligations or the principle of indivisibility?
However, in cases where the subject of the obligation is naturally divisible and the parties have made it indivisible by will, such as the payment of a sum of money, there is a disagreement among legal regimes: Article 302 of the Egyptian Civil Code explicitly considers such a matter permissible, but Article 72 of the Lebanese Law of Obligations and Contracts considers it prohibited and stipulates that in the event of multiple creditors, the debtor is obliged to pay the debt to all creditors (Awaji, 2007, Vol. 1, p.
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