The conceptual functions of obligation in the formulation of the penalty clause in the laws of Iran and Egypt

This article is a comparative study of the concept of penalty clause in Iranian and Egyptian law. In this article, the authors have studied the concept of commitment to the validity of the more fundamental idea of commitment. For this reason, they have tried to provide a newer research proposal in this field. Since it is expected that comparative studies from a practical aspect will lead to the improvement and excellence of legal institutions and the recognition of deficiencies and their elimination in different legal systems, the authors of this article have tried to study the philosophical foundations of each of the compared systems. have been placed, regulate the existing laws, procedures and legal institutions of the present work. Based on the results of this article, the authors suggest that any study about the concept of commitment in Iranian law should be based on understanding the idea of commitment in Shia jurisprudence. This article has also shown how the foundations of Sharia, Shiite jurisprudence, and customary law, French law in Iran's civil law have led to the emergence of challenges for formulating the concept of obligation. A challenge that somehow existed in the era before the victory of the Iranian Islamic Revolution.