Comparative Study on The Term»Obligation«Under Article 183 of Iranian Civil Code and Other Contemporary Legal Systems

According to the relevant articles of Iranian Civil Code and legal basis of contracts in Iraniann legal system, the term “obligation” in article 183 of Iranian Civil Code means “binding agreement”. Thus if one limit the meaning of obligation to certain catigories of contracts, there will be many problems in practice. Reviewing and study of Islamic law and consideration of opinions of Islamic lawyers on the term “obligation” and equvilant terms such as duty, burden and liability shows that this term is derived from Roman law. However in Islamic law it has been considered as binding agreement of the parties. Studying and consideration of laws of European contries and other legal systems and concerned conventions in international arena shows that the agreed point is that the agreement between the parties are binding. Thus when the parties enter into a contract they bound themselves to their agreements. The conflict of opinions in Iranian traditional legal system on the contracts with law of obligations in Roman traditional legal system resulted in basic problems for legal system of contracts.