Explanation of Article 71
This article addresses the statement of "sources of obligation," which are the events that give rise to an obligation. The article states that the sources of obligation include:
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First: "Contract," which is the agreement of two wills to create a legal effect, and it is the primary source of obligation, such as: a contract of sale, a lease contract, a loan contract, and the like.
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Second: "Unilateral will," which is an act issued by a single will and leads to the creation of an obligation, such as: a will, an endowment, an announcement of a reward, and the like.
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Third: "Harmful act," which is any act that results in harm to others and leads to the creation of an obligation to compensate, such as: damaging someone else's property, causing harm to others, and the like.
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Fourth: "Unjust enrichment," which is when a person is enriched at the expense of another person without a legitimate reason, leading to the creation of an obligation to return what was enriched, such as: a person mistakenly paying money to another person, obligating the other person to return the money.
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Fifth: "Statutory provision," which is the provision that stipulates the creation of an obligation, such as: the obligation to pay taxes, the obligation to pay zakat, the obligation to pay alimony, and the like.
It should be noted that these sources are not exclusive, but rather the most prominent sources from which an obligation arises, and an obligation may arise from other sources stipulated by the system.
This article is considered one of the most important articles related to the sources of obligation, as it clarifies how an obligation arises and the multiplicity of its sources.
Related To
Article 71
The subject of an obligation may be a thing in the future the type and quantity of which are specified. Except for cases permitted by law, the estate of a living person may not be the subject of a transaction prior to such person’s death, even if the transaction is initiated by him or with his consent.