The role of personality in creating, transferring and transforming commitment in Iranian law

Abstract

Personality is considered as one of the influential elements in the formation of commitment. The relationship between a committed and a committed person and the subject of commitment has always been one of the topics of interest for jurists, especially in the German-Roman legal system. In this system, commitment is known as an obligation for the act or omission of the act, and in terms of its relationship with the debtor and creditor personality, various theories have been proposed, among which the theory of objectivity of obligation and the theory of personal commitment are the most important. Is located. According to the theory of personal commitment, commitment can never be considered as an element independent of the debtor's personality; Whereas in the objective theory or the kind of obligation, it is said that the obligation exists independently of the existence of the personality of the creditor and the debtor, and accordingly, the subject of the obligation can be separated from the personality of the debtor and the creditor without the need to abrogate it. And transferred to other pillars. The same discrepancy in the wave view makes the very effective connection of these theories in the nature of the transfer or transformation of commitment clearly apparent. This article seeks to examine the effects of accepting each of the views presented on the institution of transfer and conversion of commitment.