Abstract
One of the problems in different countries including Iran is contracts breach and termination of securities contrary to the ethics. If this process is not resolved via trust and negotiation, two parties refer to legal courts and this increases the legal cases and costly operation, legal procedure, different social problems, property loss that are sold by paltry price in the bids and this is not compensated sometimes. This study evaluates promise fulfillment from jurisprudence and legal aspects and its effect is explained in the sustainable development of Islamic community. Also, promise fulfillment shows high level of human character and ignoring this element leads to loss and this is evaluated with a comparative evaluation in this study.
Highlights
When the contracts are concluded and an important element is turned into a social and legal institute, different complementary, custom laws are combined with satisfaction between two parties and there is no sign of real will and common intention, social benefits are dominant in these contracts (Katuzian, 2008: 218).When the wills are combined, two parties should accept the contract and cannot cancel it in all nominate and innominate contracts
Allah wants from Muslims to fulfill requirements of their contracts and critizeses who breaks them: “Who break the covenant of Allah after contracting it” (Quran, Baghare: 25) and “But those who break the covenant of Allah after contracting” (Quran, Anfal: 58.)
According to the definition of contractual obligation, it is generally called the contract obligation and the obligation inserted in the contract
Summary
When the contracts are concluded and an important element is turned into a social and legal institute, different complementary, custom laws are combined with satisfaction between two parties and there is no sign of real will and common intention, social benefits are dominant in these contracts (Katuzian, 2008: 218). Obligations in contract means that if a contract exists, it should be considered whether is it binding or revocable (Katuzian, 2008: 219). Contract binding means that the promisor should fulfill the obligations and he is obliged to perform on accordance to the subject of contract. The binding of obligations of revocable contracts is under the question because there is a wrong description of necessity, permission and binding concept of obligation in the contracts. The term “obligation” consists of bindings separated from the contract. For this reason, in the article termination of obligations in Iran civil code 264, the contractual and non-contractual obligations are used
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