Document Type : Research Article
Authors
1 Assistant Professor, Department of Law, Payam-e Noor University, Tehran, Iran.
2 Assistant Professor, Department of Law, Hakim Sabzevari University, Sabzevar, Iran.
Abstract
The correct definition and description of concepts in legal science play an unparalleled role in the accurate analysis of issues, the swift resolution of related problems, and legal education. One of the significant and disputed issues that has remained unresolved, and constitutes the main question of this article, is whether, despite the conceptual distinction between "obligation" and "contract", their subject matters are also distinct. In other words, which of the four logical relations applies between the subject matter of a contract and that of contractual obligations? There is considerable disagreement among legal scholars on this matter. Some prominent figures maintain the unity, while others advocate the duality of the subject matter of obligation and the subject matter of contract. It appears that neither of these two views can be entirely correct in absolute terms, and each only expresses a part of the reality. In this theoretical and analytical research, we have concluded that not only must a distinction be made between the subject matter of transfer contracts and that of obligational contracts, but also a clear differentiation must be drawn between the infinitive and the passive participle/product meanings of these two terms. In effect, in transfer contracts, the subject matter of the obligation and the subject matter of the contract are identical. However, in obligational contracts, the subject matter of the obligation (in its product sense) differs from the subject matter of the contract. The subject matter of the obligation in obligational contracts is an asset or an act, whereas the subject matter of the contract in these contracts is the legal responsibility and liability of the obligated party. Consequently, it must be stated that the relationship between the subject matter of the obligation and the subject matter of the contract in transfer contracts is equality, while in obligational contracts this relationship is nothing other than distinctness/opposition
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Main Subjects
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