A Comparative Study of Discharge in Iranian and Egyptian Laws

Article 289 of Iranian Civil Code provides that, “[D]ischarge (from an obligation) means that the creditor deliberately renounces his right.” In this definition, Iranian legislator does not explicitly refer to the nature of discharge. This raises the question whether the legislator, being aware of the confusion in jurisprudential texts, has cautiously left the issue to be determined in future. The purpose of the present article is to examine the concept and nature of discharge in Iranian law with an emphasis on jurisprudential foundations and eventually prove the unilateral-waiver nature of discharge. The approach of Egypt’s Civil Code and its commentators are meanwhile brought to attention.