Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 8 4 2021 12 22 \A Comparative Study of the Legal Nature of the Power to Delivery Requirement in the Law of Iran, France and Imamiyah Jurisprudence \A Comparative Study of the Legal Nature of the Power to Delivery Requirement in the Law of Iran, France and Imamiyah Jurisprudence 35 60 1945 10.22091/csiw.2021.6749.2042 FA Seyed Amir Mahdi Amin Ph. D. Candidate in Private Law, Faculty of Humanities, Islamic Azad University, Branch of Arak. Seyed Hasan Shobeiri Zanjani Associate Professor, Departement of Intellectual Property Law, Faculty of Law, University of Qom. Journal Article 2021 03 25 Power over the performance of obligation in the law of obligations in general, and power to deliver the object of sale in the contract of sale in particular, are conditions for the absolute validity of transactions  .But there is a disagreement relating to its nature whether this power is a characteristic of the obligor or regardless of the personal abilities of the obligor,  it is one of the conditions of the subject of obligation, and taking over  and delivery by the obligor, the obligee or a third party is sufficient? From one point of view, according to the rules of sale contract in the Civil Code, "power over the conceder of the seller" is one of the characteristics of the seller. However, the personal inability of the obligor does not render the contract null and "power to flfill the obligation" is the same as "the power of a conventional individual to fulfill the obligation". Another view is that the power to fulfill the obligation is a condition of the subject of the obligation and not of the characteristics and conditions of the parties to the contract. Each of these two theories has its advocates in the legal systems of Iran, France and Imamiyah jurisprudence. This article aims at comprehensively reviewing the laws, legal evidence and doctrines of the proponents of these two theories, using a descriptive-analytical method based on library tools. It is concluded that the condition of power over the performance of an obligatione in all three legal systems in question, in the sense of the ability to perform the obligation, depends on the status and state of the obligation, not the ability of the obligor. Power over the performance of obligation in the law of obligations in general, and power to deliver the object of sale in the contract of sale in particular, are conditions for the absolute validity of transactions  .But there is a disagreement relating to its nature whether this power is a characteristic of the obligor or regardless of the personal abilities of the obligor,  it is one of the conditions of the subject of obligation, and taking over  and delivery by the obligor, the obligee or a third party is sufficient? From one point of view, according to the rules of sale contract in the Civil Code, "power over the conceder of the seller" is one of the characteristics of the seller. However, the personal inability of the obligor does not render the contract null and "power to flfill the obligation" is the same as "the power of a conventional individual to fulfill the obligation". Another view is that the power to fulfill the obligation is a condition of the subject of the obligation and not of the characteristics and conditions of the parties to the contract. Each of these two theories has its advocates in the legal systems of Iran, France and Imamiyah jurisprudence. This article aims at comprehensively reviewing the laws, legal evidence and doctrines of the proponents of these two theories, using a descriptive-analytical method based on library tools. It is concluded that the condition of power over the performance of an obligatione in all three legal systems in question, in the sense of the ability to perform the obligation, depends on the status and state of the obligation, not the ability of the obligor. https://csiw.qom.ac.ir/article_1945_484874ba75fcc06753e4ee2e8b2d5b49.pdf