The Expiration of the Obligation to substitute for Fulfillment
Authors: Kadhim Muslim Hassan Sabeeh , Jafarzadeh Siamak , Nikkhah Reza 
Published: July 2024

When we talk about the discharge of obligation, we refer to the situation where a person stops fulfilling their commitments or promises. There can be several reasons for this. One common reason is the inability to fulfill obligations, which can happen due to significant pressure on the person, either from other commitments or difficult circumstances. In such cases, the person may find themselves unable to fulfill their promises and obligations. Another reason could be a lack of interest in one's obligations. For example, the commitment may no longer be important to them, leading the person to ignore their obligations and bypass them without consideration. Alternatively, the person's surrounding circumstances may change, making the commitment unattainable. This can happen when there are changes in the person's economic, health, or social status. In such cases, the person may find themselves unable to fulfill their obligations due to the changes in their life. It is important to note that the discharge of obligation can have a negative impact on personal and professional relationships. When a person fails to fulfill their obligations, they lose credibility and others' trust in them. This can lead to deteriorating relationships and loss of professional opportunities. Therefore, it is important for a person to be honest and committed to their promises and obligations to maintain good relationships and achieve success in life. For the importance of this topic, I have written this brief research to understand how the discharge of obligation through a substitute for performance works. The discharge of obligation through a substitute for performance means that the person has not fulfilled their obligations or promises. There can be several reasons for this, such as the inability to fulfill obligations, lack of interest in obligations, or even changes in circumstances that make the commitment unattainable. Sometimes, the discharge of obligation can have a negative impact on personal and professional relationships, as the person loses credibility and others' trust in them. Therefore, it is better for a person to be honest and committed to their promises and obligations to maintain good relationships and succeed in life. Acceptance by the creditor, in the event of fulfilling his right, in exchange for what is intended by it to be replaced by all his dues and the deserving thing that almost serves as a substitute for this fulfillment. There are two pillars for fulfilling in exchange. There must be an agreement between the creditor and the debtor to replace the original place of fulfillment with the transfer of ownership of something else from the debtor to the creditor. The eligibility must be available in both parties, and the will of both parties must be free from defects, without any mistake, fraud, coercion, or exploitation, and the agreement must have a place and reason. The reason is to fulfill the original debt, and the place is to replace the original place with the transfer of ownership of something else from the debtor to the creditor. The agreement to fulfill in exchange should be proved according to the general rules of evidence, on the condition that if the creditor proves that he accepted to receive something he is not entitled to without reservation, then it is assumed, until the evidence proves otherwise, that he agreed for it to serve as a substitute for fulfillment. Agreement on the fulfillment in exchange is not enough; it must also be implemented by actually transferring ownership from the debtor to the creditor. Consequently, fulfillment in exchange cannot be done through a will, such as if the debtor bequeaths money to fulfill the debt, because a bequest can always be revoked and ownership of the bequeathed does not transfer to the beneficiary during the life of the testator. Also, fulfillment is not achieved if the debtor retains the right to reclaim the property he handed over as fulfillment of his debt.