Volume 16, Issue 3 (2012)
CLR 2012, 16(3): 147-162 |
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Qabuli Dorafshan S M T, Qabuli Dorafshan[2]* S M H. The Criteria for Differing Selling and Barter in the Iranian Law with a Comparative Approach to the English Law. CLR 2012; 16 (3) :147-162
URL: http://clr.modares.ac.ir/article-20-7722-en.html
URL: http://clr.modares.ac.ir/article-20-7722-en.html
1- 1. Assistant Professor, Department of Theology, Ferdowsi University, Mashhad, Iran
2- 2. Ph.D. Student of Jurisprudence & Principles of Islamic Law, Ferdowsi University, Mashhad, Iran
2- 2. Ph.D. Student of Jurisprudence & Principles of Islamic Law, Ferdowsi University, Mashhad, Iran
Abstract: (8096 Views)
Civil law considers barter as certain contracts while it offers no criterion for differing barter and selling, which is unlike of jurists’ opinions. These two concepts are really near together but they should not be considered as one because there are not the same rules on them. For example, specific sentences of selling concept like fraud option, assembly option and etc. Can not be seen in barter. In The English Legal System, the concepts of barter and selling are separated, and some criteria for differing them are offered. This research paper tries to explain the criteria in The Iranian and English Legal Systems. Finally, it was found that the criteria of Iranian Legal System are based on the referring to the parties’ intention (personal criterion), and if it is impossible, referring to the custom (public criterion) is the most appropriate to make a harmony between the different concepts.
* Corresponding Author’s E-mail:smhghabooli21@yahoo.com
* Corresponding Author’s E-mail:smhghabooli21@yahoo.com
Received: 2012/09/6 | Accepted: 2012/12/19 | Published: 2012/12/20
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