Which implementation mechanism? "Performing" in law or "surrendering property" in jurisprudence

Document Type : Original Article

Authors

1 PhD Student in Private Law, Mofid University of Qom

2 Associate Professor, Farabi Campus, University of Tehran

Abstract

In law, enforcement issues are under the mechanism of "performance" and in jurisprudence, enforcement issues are under the mechanism of "surrender of property". Different approaches that result from the distinct way and track that the two choose; Law based on "obligation theory" and jurisprudence based on "ownership theory" want to solve legal issues. According to these theories, the governing mechanism in implementation in law is to achieve the right to "perform" and the governing mechanism in implementation in jurisprudence to achieve property is "surrender of property". Different ways and tracks, depending on the fundamental differences between them, the style and form of solving legal problems will also be different. Among other things, the law will solve the problems based on "breach of obligation" and " deputy in death" and jurisprudence based on "breach of property" and "survival of Patrimoine after death", each of which has different effects and rulings.
Keywords: obligation, ownership, deputy, zemeh, breach of obligation, breach of property

Keywords

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 26 November 2022

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