Document Type : Original Article
Authors
1
PhD student of private law department, Ardabil branch, Islamic Azad University, Ardabil, Iran
2
Assistant Professor, Department of Private Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran
10.22034/aeclr.2024.434906.1134
Abstract
In the legal interaction of human beings with each other and based on their will, the law governing that interaction, that is, the contract, is formed, and people consider themselves loyal and bound by this law, and they consider breaking the covenant reprehensible and those who break the covenant deserve to pay damages; However, it seems that only the individual will is effective in this requirement and obligation, rather, this individual will should be related to the role of the collective will of humans, which manifests itself in the pursuit of attracting public interests. However, the violation of obligations is not something that can be completely eradicated by the formulation of regulations of the society or the serious treatment of the judicial courts. In this regard, it is necessary to state that obligations and contracts have a favorable and real value for the parties to the contract when they have a guarantee of proper and efficient implementation.For a long time, in order to oblige the obligee to fulfill the obligation and not to have the desire to violate the contract, various methods have been used, such as obtaining collateral and mortgage, deposit and so on. Meanwhile, contracts have become common. Each of them, while having its own use, due to the existence of problems in their nature and function, alone do not provide all the intended and desirable goals of the parties
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