Authors : Mehdi Pirhaji, Sakina Shaik Ahmad Yusoff, Suzanna Mohamed Isa and Mahmoud Jalali
Abstract: The discharge of obligation is one of the most important legal issues to which special attention has been paid in both Iranian and Malaysian laws. Under Article 264 of the Iranian Civil Code, an obligation is discharged in one of the following ways: Fulfillment of the obligation, cancellation of agreement by mutual consent, release from obligation, substitution of a different obligation, set off and recoupment and acquisition of debt. In effect, Iranian legislation provides six modes of discharge of obligation. In Malaysian law on the other hand, an obligation is discharged through one of the following 4 ways: Performance, frustration, agreement and breach. With regard to form the Iranian Civil Code is dependent on a written legal system (the Roman-Germanic legal system) but in terms of content, it is influenced by Islamic law. By contrast, the Malaysian legal system is considerably influenced by an unwritten legal system (the common law). The task of this study is to examine and critique the modes of discharge of obligation under Iranian law in comparison with those under Malaysian law. The central goal is to remove the ambiguities and related problems observed in the Iranian law in order to give it greater efficacy. The research is a library-based type with a comparative analytic method.
Mehdi Pirhaji, Sakina Shaik Ahmad Yusoff, Suzanna Mohamed Isa and Mahmoud Jalali, 2013. Comparative Analysis of Discharge of Contractual Obligations in Iran and Malaysia. The Social Sciences, 8: 618-627.