One of the types of obligations that due to the multiplicity of the issue are mentioning is alternative obligation. Alternative obligation is an obligation that its issue is two or more things in within each other and just doing one of the issues is considered and by doing one of them, fulfill that promise is taken place and committed is absolve. An important question arises regarding the alternative obligation in the Iranian legal system verify the authenticity and validity of this obligations. Whether this kind of obligation in the law of Iran is legitimate and valid? This question arises in accordance with Article 190 of the Civil Code of Iran the deal must be determined and may be regarded as contrary to the provisions of this law there is an alternative obligation and for being indecisive issue of obligation and Gharar is void. More careful study indicates that different wavering obligation alternative obligation Gharar it does not flow. Moreover, the legal background of the above discussion indicates that the selection in implementing the obligation accepted by some great Shiah scholars and many scholars believe it to be true. This study aimed to identify the concept and principles of authenticity alternative obligation in the law of Iran carefully studied the sources of Islamic law and provisions, attributes, features and how to implement this type of obligation is expressed with comparative study of and Egypt.
رحیمی، حبیبالله و خسرو محمودزاده؛ «مطالعه تطبیقی تحلیل ماهیت عقد احتمالی در حقوق ایران و مصر»، مجله مطالعات حقوق تطبیقی؛ ش2، پاییز و زمستان 1393، ص401ـ429.
زمخشری، محمودبنعمر؛ أساس البلاغة؛ بیروت: مکتبة لبنان، 1996م.