Feasibility, providing value in monetary commitment with an approach on the nature of the commitment

Document Type : Original Article

Authors

1 Doctoral Student, Department of Private Law, Faculty of Law, Theology and Political Sciences, Islamic Azad University, Tabriz Branch, Tabriz, Iran.

2 Associate Professor, Private Law, Department of Law, Faculty of Theology, Azarbaijan Shahid Madani University, Tabriz, Iran.

3 Professor, Department of Private Law, Faculty of Law and Social Sciences, University of Tabriz. Tabriz,. Iran.

10.48300/jlr.2023.416297.2440

Abstract

Research and investigation into the attributes, characteristics, roles, duties and characteristics of money indicates that the legal nature of money is affected by its multifaceted and diverse legal functions, therefore, money does not have a specific nature, but multiple and multiple natures that depend on the type of commitment or Obligations are analyzed with contractual or non-contractual origin. Therefore, it is necessary that the money be evaluated in the context of its specific obligations and in accordance with it, and thus, according to the origin and specific legal relations of the parties, its nature should be identified in the amount of monetary obligations. In the present study, the author describes the legal functions of money in a descriptive and analytical way, which includes the recognition of its various natures, and presents the view that some of the most significant functions of money, which are focused on the rule of the need to compensate for the decrease in the value of money as a means of purification and Compensation and repair of damage is done, it is incrementally effective in the amount of monetary obligation of the obligee".

Keywords