alternative obligation
نویسندگان
چکیده
undoubtedly, one of the most fundamental issues in the study of law is obligation that has diverse types. one of them is alternative obligation which, despite instances in the iranian legal system, has not been mentioned by the civil code and has received less attention from authors. alternative obligation for the parties has several advantages and facilities including further guarantee of the performance and ease of implementation. the legitimacy of such obligation with some reasons could be proved. therefore, identification of alternative obligation, principles and specific rules governing its legitimacy, seems necessary. this paper presents a more detailed understanding of alternative obligation, its characteristics, and validity of the reasons for its implementation.
منابع مشابه
Obligation Rules
We provide a characterization of the obligation rules in the context of minimum cost spanning tree games. We also explore the relation between obligation rules and random order values of the irreducible cost game it is shown that the later is a subset of the obligation rules. Moreover we provide a necessary and sufficient condition on obligation function such that the corresponding obligation r...
متن کاملAgential obligation as non-agential personal obligation plus agency
I explore various ways of integrating the framework for predeterminism, agency, and ability in [P. McNamara, Nordic J. Philos. Logic 5 (2) (2000) 135] with a framework for obligations. However, the agential obligation operator explored here is defined in terms of a non-agential yet personal obligation operator and a non-deontic (and non-normal) agency operator. This is contrary to the main curr...
متن کاملObligation to advise of options for treatment--medical doctors and complementary and alternative medicine practitioners.
An important aspect of health professional's duty of care is to advise patients of the available options of treatment so that the patient can choose the form of treatment that suits her or his requirements. As CAM becomes more evidence-based and accepted, medical doctors need to consider the extent to which they should provide patients with information about those types of treatments. If a CAM ...
متن کاملArguments over Obligation
Introduction There seems to be a degree of agreement about what might count as the 'new' histories of philosophy. In the Epilogue to his monumental The Invention of Autonomy, J. B. Schneewind provides a snapshot of the old and the new, pointing to the difference between histories of moral philosophy that assume a chain of thinkers all trying to solve the same problem and those newer histories t...
متن کاملDynamic Obligation Hierarchies
Typically agents have obligations of diiering importance. Consequently we give a hierarchical deenition of obligations, according to which an agent's obligations form a coherent hierarchy and new obligations are de-ned with reference to it. We then show how preferential entailment can be used to formalise the persistence and revision of obligation hierarchies.
متن کاملThe Logic of Actual Obligation an Alternative Approach to Deontic Logic
The logic of actual obligation The logic of An alternative approach to deontic logic. In this paper we develop a system of deontic logic (LAO, the"; logic of actual obligation) with a.rathep limited scope: we are, only interested in obligations as far as they: are; relevant for deciding: what: actions-actually ought to be done in a particular situation, given some normative system, N. In fact w...
متن کاملمنابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
مطالعات حقوق خصوصیجلد ۴۵، شماره ۱، صفحات ۱۴۷-۱۶۴
کلمات کلیدی
میزبانی شده توسط پلتفرم ابری doprax.com
copyright © 2015-2023