Contemplation on the Concept of Commitment and Obligation In the Shiah's Jurisprudence and Iran Civil Law

The two synonymous terms of "commitment and obligation", in Shiah’s jurisprudence and civil law have been used as infinitive and gerund forms. As with the gerund form, it means one's legal duty to perform or refrain from performing an act, while in infinitive form, it means, to be committed or to take a responsibility. In this sense if the subject is an assertive and subjective concept" it forms the concept of the contract. In this sense, the commitment is the reason of contract, and not its effect, and has nothing to do with the conventional definition of obligation in western law, which means "legal relationship between two parties". However, a group of lawyers, regardless the meaning of this term in Islamic jurisprudence, have considered the typical definition of obligation in western law as its primary concept. They have also regarded the definition of some legal concept, such as contract, similar to their foreign law, which has led to a corrupted sequence.