Volume 26, Issue 2 (2022)
CLR 2022, 26(2): 123-144 |
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Mohamadi N S, Yazdanian A, Al-Sharif M M. Considering the Status of Suspended Contract in Iranian and French law. CLR 2022; 26 (2) :123-144
URL: http://clr.modares.ac.ir/article-20-46646-en.html
URL: http://clr.modares.ac.ir/article-20-46646-en.html
1- Ph.D. student in Private Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Iran
2- Associate Professor, Department of Private Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Iran ,a.yazdanian@ase.ui.ac.ir
3- Associate Professor, Department of Private Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Iran
2- Associate Professor, Department of Private Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Iran ,
3- Associate Professor, Department of Private Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Iran
Abstract: (2338 Views)
One of the issues in the scope of general rules of obligations, is analyzing the different types of contracts. Suspended contract, as a type of contract, is one of those issues that the analyzing its nature and effects has been subject of many discussions and disagreements among the jurists and lawyers. In the Civil Code of Iran, the allocation of one article to the above mentioned issue, alongside the belief in the invalidity of a suspended contract, in Islamic jurisprudence, or disagreements on which, has caused ambiguity in the effects and rules governing the suspension of contracts in the Iranian law. As a result, there is no general rule regarding the status of a suspended contract in the Civil Code of Iran. Whereas, certain articles of the Civil Code of France, have been allocated to suspended contracts. Doctrines and judicial precedents have made efforts to complete the regulations related to the effects and rules of suspended contracts. Accordingly, the present research, holding a comparative approach to the position of Islamic jurisprudence and French law, tries to explain the status of suspended contracts in the Iranian legal system.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2020/10/6 | Accepted: 2022/06/1 | Published: 2022/12/1
Received: 2020/10/6 | Accepted: 2022/06/1 | Published: 2022/12/1
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