The role of law in creating commitment
| Autor | Mohammad Reza Komeili Fard, Ehsan Ali Akbari Babookani |
| Páginas | 189-201 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 02 - Ano 2019 – Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
189
THE ROLE OF LAW IN CREATING COMMITMENT
Mohammad Reza Komeili Fard1
Ehsan Ali Akbari Babookani2
Abstract: In article 1991 of French civil
law, the laws such as contract and other
sources of commitment are one of the
commitment sources. Some of the
French lawyers consider law as the
source of all commitments and believe
that: other sources get their credit from
law, but the law is committed to two
types of sources: direct and indirect and
also legal commitment is in two cases:
negative commitments and positive
commitments. The legislator in negative
commitment tries more, due to being
comfortable and less annoying. In this
article observing the law source, the
examples and the effects in Iran law are
focused.
Keywords: Law, Negative
Commitments, Positive Commitments
1 Phd candidate, Department of Fiqh and Law, Najaf Abad Branch, Islamic Azad
University, Najaf Abad, Iran. Email: e.aliakbari@ahl.ui.ac.ir
2 Assistant professor, Department of Fiqh and Law, University of Isfahan, Isfahan, Iran.
Email: e.aliakbari@ahl.ui.ac.ir
Definition and commitment arising
from the law
Canon is Arabic form of law
and it is having many different meanings
such as: Tradition, order, scale, question
and a vehicle to set lines. After a while
the meaning that is accepted in science is
used. It means: the law is key criterion
that is in accordance with individuals and
the verdict of all them is known from the
mentioned criterion. Such term is also
used in credit affairs such as Statute book
and also in the case of real affairs such
as: mathematics, nature, etc.
accordingly, the law is divided in to two
branches of natural and postural, but here
postural law is considered. In defining
postural law, it could be asserted that: the
law is general principal that is accepted
as the regulator of social relations on
behalf of governing board and
community members and also
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