Exploring the Conditions and Effects of Performance of Obligations: A Comparative Study in the Legal Systems of Iran and Iraq

Abstract

In light of the acceptance of the principle of performance of obligations and contracts as a necessary condition of religiosity and one of the most fundamental theoretical foundations of Islam, performance of obligation (fulfillment of contractual commitments) in both the Iranian and Iraqi legal systems is recognized as the most natural legal institution for the execution of obligations. This institution produces an effect that is interpreted in Iranian law as the extinction of obligation and in Iraqi law as the termination of obligation. The Iranian Civil Code regulates performance of obligation under Articles 265 to 282 as one of the causes of extinction of obligations, while the Iraqi Civil Code addresses performance of obligation in the first chapter of Book Five, entitled “Termination of Obligation,” under Articles 375 to 398. Nevertheless, the civil codes of both countries remain silent regarding the legal nature of performance of obligation, thereby necessitating reliance on legal doctrine and judicial practice. Determining the legal nature of performance of obligation carries not only analytical and theoretical significance but also substantial practical consequences. If performance of obligation is classified as a juridical act, irrespective of whether it constitutes a contract or a unilateral juridical act, it requires the intention of the actor and a constitutive declaration of will; consequently, performance carried out by an incompetent person—such as a prodigal, an insane person, or any legally incapacitated individual—would lack legal effect. Conversely, if it is considered a legal transaction, identifying its specific type entails distinct legal conditions and implications. Accordingly, this study adopts a descriptive–analytical method to clarify the legal nature of performance of obligation in the Iranian and Iraqi legal systems. The findings indicate that, in both systems, what occurs in the course of performance of obligation is fundamentally the manifestation of human will, the result of which is the extinction of the obligation. The legal characterization of performance of obligation varies depending on the subject matter within each legal relationship. A simple performance of obligation constitutes a legal fact that, in principle, does not require a constitutive intention of the parties. However, where performance of obligation necessitates the execution of another juridical act, its nature depends on the accompanying legal act: if fulfillment of the debt requires mutual consent, performance of obligation takes the form of a contract; if it is accomplished solely through a single will, it constitutes a unilateral juridical act; and where no will influences its realization and it occurs solely by operation of law, it is classified as a legal fact.