A Critical Study of the Appurtenances of Extinction of the Obligations in Iran's Civil Law Compared with French Law

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Bigdeli Ataollah

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Journal: Private Law Year:2023 | Volume:20 | Issue:1 Page(s): 59-71

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Title

A Critical Study of the Appurtenances of Extinction of the Obligations in Iran's Civil Law Compared with French Law

Author(s)

Bigdeli Ataollah | Issue Writer Certificate

Keywords

extinction of the obligations in Iran Civ.C

Extinction of the obligations France Civ.C m Article 264 Civ.C m Article 1342 Civ.C of France

Abstract

Article 264 of Civil Code. (Hereinafter “Civ.C”) under the title of the appurtenances of extinction of the obligations, lists 6 appurtenances. In the analysis of the articles, there are two approaches among jurists: Some consider them weak and some consider them acceptable. Jurists believe that the legislator was looking for a convergence between jurisprudence and the French system, and this caused confusion. Mixing the meanings of these institutions is one of the other causes. On the other hand, some consider the purpose of drafting Articles to solve real issues and not to simply comply with legal forms. Findings: The first approach is stronger, The civil law has tried to gather the appurtenances of extinction of the obligations (based on the general theory of French obligations) and the factors for the dissolution or invalidation of a contract (Aqd) based on jurisprudence in one article. This effort has led to the compilation of baseless Article. The French Civ.C was not free from this confusion, but in the reforms of 2016, it became closer to the appurtenances of extinction. It is difficult to sum up the fundamental concepts of jurisprudence and French, but at least the Iranian Civ.C can separate the concept of "obligation" from the concept of "contract", and calculate the reasons for the ineffectiveness of each one separately. Method: Data collection has been done by referring to the laws and legal doctrine of France and Iran, the data has been discussed based on the legal-analytical method and evaluated with the comparative study method.

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