آثار ايفاء در تعهدات قراردادي

The Effects of Fulfilment in Contactual Obligations

The effects of fulfillment of obligations are categorized into two classes: the common effects in all types of contractual obligations and specific ones in some of them. The most significant effect out of all common ones it the exoneration of the principal one under obligation and his extinction of obligation, so that other effects are mainly subordinate and their realization depends on that of the principal effect. Thus it can be said that exonerating the principal one under oldigation from obligation and debt, fulfillment would lead to many other effects such as the extinction of subordinate obligations, liability of guarantors, extinction of the rigw of lien, release of escrow and its securities. On the one had, fulfillment changes the natural debt to legal one. On the other hand, it proves the very obligation and is indicative of its earlier existence. This effect is achievable by a posteriori argument and a specific predominant behaviour among the reasonable of the world. The specific effects of fulfillment in certain contractual obligations are also noteworthy. Transfer of ownership in contracts in which the object of transaction is general, and in real contracts as well as the sale on the condition of the reserve of ownership on the one hand, and extinction of the right of cancellation (choices) as well as prevention of its realization on the other hand are among the significatnt effects of certain contracts. There fore, may classify the effects of fulfillment into three categories of "major and minor" , "common and specific", and "positive and substantials. This variety and frequency in effects which is sometimes surprising is not seen in any other legal institutions. Thus fulfillment in contractual obligations is considered unique comparing to other legal institutions.