BREIF REFLECTIONON THE THEORY SECULAR CONTRACT LAW IN THE POSITIVE IRAN LAW

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MIRZANEZHAD JOUYBARI A.

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Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2009 | Volume:39 | Issue:1 Page(s): 343-365

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Information Journal Paper

Title

BREIF REFLECTIONON THE THEORY SECULAR CONTRACT LAW IN THE POSITIVE IRAN LAW

Author(s)

MIRZANEZHAD JOUYBARI A. | Issue Writer Certificate

Keywords

PROPRIETARY CONTRACTSQ3

USAGE AND PRACTICEQ3

CHANG OF USAGE AND PRACTICEQ2

BINDING STATUTESQ3

VOLUNTARY STATUTESQ3

Abstract

Study of record and foundation of regulations ruled PROPRIETARY CONTRACTS such as Sale, lease and exchange shows this fact that many of them have been impressed from usages and practices and also the legislature has generaly enacted on basis of these facts. Therefoe legal logic and common sense exigence that the new usage is exercised when the usage as basis of regulation has been changed.The most easy and cheap way for obtaining of this aim is that these changes are realized by the legislature on time and the regulations are reformed according to new circumstances. However, this fact dont exempt the courts from realizing to these tranformations and trying to inter this processe into judgement eara. Author try to examine only the mentioned processing in the light of Positive Iran law and after analyze the effets of exercising of this theory in the some of challengous instances.This paper shows that Iran legal Regime has potential to accept such processing in the application of both legislation and Judgement and for this reason certain regulations regarding to contracts have to are reformed. Earlier, under 220 and 225 articles of civil code courts must dipense with non-binding (voluntary) statutes and exercise the new usage.

Cites

TIME AT LARGE CONTRACTS IN ENGLISH AND IRANIAN LAW

References

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APA: Copy

MIRZANEZHAD JOUYBARI, A.. (2009). BREIF REFLECTIONON THE THEORY SECULAR CONTRACT LAW IN THE POSITIVE IRAN LAW. PRIVATE LAW STUDIES, 39(1), 343-365. SID. https://sid.ir/paper/125110/en

Vancouver: Copy

MIRZANEZHAD JOUYBARI A.. BREIF REFLECTIONON THE THEORY SECULAR CONTRACT LAW IN THE POSITIVE IRAN LAW. PRIVATE LAW STUDIES[Internet]. 2009;39(1):343-365. Available from: https://sid.ir/paper/125110/en

IEEE: Copy

A. MIRZANEZHAD JOUYBARI, “BREIF REFLECTIONON THE THEORY SECULAR CONTRACT LAW IN THE POSITIVE IRAN LAW,” PRIVATE LAW STUDIES, vol. 39, no. 1, pp. 343–365, 2009, [Online]. Available: https://sid.ir/paper/125110/en

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