A critical examination of the quality of the use of jurisprudential texts in the field of "law of obligations"; with an emphasis on the guarantee of enforcement of the violation of: "obligation to sell a specific thing" and "binding offer" by carryi

Document Type : Original Article

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Assistant Professor, Department of Intellectual Property Law , Faculty of Law, University of Qom, Qom, Iran

Abstract

This research critically examines the quality of using fiqhi texts in two scholarly articles within the scope of obligations law. The first article asserts that if a promisor breaches the "commitment to sell specific property" by engaging in a "conflicting transaction," the conflicting transaction remains valid; however, according to the jurists, the promisee has the right to claim compensation for the breach. The second article claims that it is possible to validate the "theory of unilateral commitment" in the context of "binding offers" by referencing the views of certain jurists, and to declare the invalidity of "contrary actions" and "conflicting transactions" in light of a "binding offer." This study demonstrates that the aforementioned interpretations attributed to the jurists are incorrect. The approach taken in interpreting fiqhi texts and analyzing their content is flawed. Jurists have not considered the possibility of claiming compensation for the breach of the "commitment to sell specific property" through conflicting transactions, nor have they addressed the invalidity of contrary actions and conflicting transactions in relation to binding offers. The unscientific approach to the use of fiqhi texts in legal research poses obstacles to the proper development of legal literature. A greater effort must be made in the analysis and application of fiqhi content, steering clear of a purely quantitative perspective.

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