"Adl va Ensaf" Comparative Law Researches Quarterly

Abstract According to Articles 806 and 898 and subsequent articles of the Afghanistan Civil Code, third parties can perform other's obligations. Two important legal effects have been arranged on this type of performance: the collapse of the debtor's obligation against the creditor and the creation of the right of recourse for a third party. Considering the acceptance of the third-party payment institution in the Afghanistan legal system and the effect of recourse on it, the purpose of this study is to investigate cases in which the third party is not competent to fulfill another obligation or has the right of recourse to him. In this research, using a descriptive-analytical type of qualitative research method and using the documentary method of data collection, we reach the conclusion that in cases where the obligor's personality is the main cause of the contract or the obligation is hidden to the person, the third party cannot perform the debtor's obligation without the consent of the creditor. Also, in the second paragraph of Article 898 of the Civil Code, the creditor has the authority to reject the performance of the obligation by a third party and in the second paragraph of Article 899 for the debtor, the authority to prevent the third party from returning to himself has been expressly accepted. Therefore, despite the acceptance of the institution of performance of the obligation by a third party in the legal system of Afghanistan, this legal institution has obstacles and exceptions that are examined in this study.

Abstract abstract
The necessity of respecting the contract is to fulfill its obligations, so that failure to perform contractual obligations guarantees several performances, the most important of which is the compulsory and termination of the transaction in the legal system of Iran and Islamic jurisprudence. For example, the enforcement of the sentence or order from the court Or other law enforcement agencies that oblige the person to carry out an objective investigation of what he has undertaken, or in the event of a refusal to comply with a warrant or order, by a court with his or her legal remedies through enforcement agents or third parties, or if the obligation is committed by the person concerned With physical and financial pressures, he has to force him to fulfill his obligation The burden, which forms the most important part of the present article, is in direct and indirect fashion, and these two types of coercion are distinct according to the subject of engagement And in cases where a vested party has a direct obligation to do so, and the vendor can only demand his indemnity through indirect coercion, and if he fails to fulfill the obligation, he will be obliged to terminate the committed area, so for the importance of the matter In this article, after mentioning, we will give a general overview of the concept of commitment and types of commitment to the validity of the subject as contractual obligations, and will conclude
keyword:obligation،contracte،do،consraint