الالتزام البدلي : دراسة مقارنة بالفقه الإسلامي

الملخص EN

The Obligation Alternative as a description attached object of the obligation has several labels launched by Garret Islamic doctrines in addition to its meaning in the civil law , but Islamic jurisprudence did not put a specific definition of him because the basic unit is held by which determines the place of contractual obligation and the nature referred to by scholars within the theme to replace the shop in places sporadic as known many types of wildcards can debtor to carry out something else instead of the original thing, but in agreement with the creditor on this thing schools of jurisprudence some scholars forehand did not know allowance but they permitted to replace the shop to religion if a price as stated term, rather than preventing them to speak exhibition on could not be reached to replace the original commitment can reconciliation wildcard any considered that the rule can not be accessed by virtue of eye damage and then unnecessary to prevent, rather than either the rest of the scholars have used the replacement of the term, but they often used it in other words , far from the subject on their own tap as they used the word replace Replacing the cessation of the sense of taking out an eye endowed to be a moratorium place while used jurists Shaafa'is replacement in the sense that Arafa positive law and see the passport replacement in both secured debt Kalsaddaq and taxis and Awad divorce and debt guarantee but only if caught in the Council and the observance of usury restrictions.

But in the civil law, the mostly known the Obligation Alternative systems and ordinances , including the Iraqi civil law , which said the commitment to be Bdlaa if it did not include him, but one thing but the debtor is discharged if led rather than something else and leaving the rest of the general terms of the rules and this is no different than what is stated in Egyptian civil law, whereas French civil law neglected to organize the Obligation Alternative where he cited in his texts applications to comply Alternative but has recently changed its previous position and text Alternative commitment under the name of the Optional commitment under Decree No 2016 - 131 issued on February 10 of 2016 amended the civil Code French