SEMANTICS OF GUARANTOR'S CONTRACT BY APPROACH OF REJECTING CONFLICT OF CLAUSE 698 OF CIVIL LAW AND 403 OF TRADE LAW

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AMINI RAZIEH; NASSERI MOGHADAM HOSSEIN

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Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2017 | Volume:13 | Issue:47 Page(s): 11-26

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Title

SEMANTICS OF GUARANTOR'S CONTRACT BY APPROACH OF REJECTING CONFLICT OF CLAUSE 698 OF CIVIL LAW AND 403 OF TRADE LAW

Author(s)

AMINI RAZIEH | NASSERI MOGHADAM HOSSEIN | Issue Writer Certificate

Keywords

GUARANTORQ2

CIVIL LAWQ2

TRADE LAWQ2

TRANSFERRING CHARGEQ2

ATTACHING CHARGEQ1

Abstract

Discussion of GUARANTOR that appears in two levels of laws; CIVIL LAW and TRADE LAW, is one of the civil essential discussions of civil jurisprudence about transferring or partnership always entails to challenges and there are jurists' differences in positive laws and it creates opposition among law clauses. Analyzing this subject and discovering intrinsic nature of GUARANTOR's contract can solve conflict of these two law clauses. This article aims to solve opposition by analytical way to check great Imamiah and Sunnite jurist's ideas and evaluate reasons. In addition to rejecting consensus, one of the discussion results is this fact that reasons which Farighin presented to prove their ideas are strong and weren't established their verdicts; hence one can say that nature and essence of GUARANTOR's contract has not suitability of charge transferring nor attachment has charge, but intrinsic necessity of this contract is creating charge; nevertheless, accepting each of these two verdicts while contracting and agreement, can be correct. From legal view, GUARANTOR is civil discussion and its content is completed in TRADE LAW and doesn’t devote to TRADE LAW, but is complement of CIVIL LAW.

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APA: Copy

AMINI, RAZIEH, & NASSERI MOGHADAM, HOSSEIN. (2017). SEMANTICS OF GUARANTOR'S CONTRACT BY APPROACH OF REJECTING CONFLICT OF CLAUSE 698 OF CIVIL LAW AND 403 OF TRADE LAW. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 13(47), 11-26. SID. https://sid.ir/paper/134309/en

Vancouver: Copy

AMINI RAZIEH, NASSERI MOGHADAM HOSSEIN. SEMANTICS OF GUARANTOR'S CONTRACT BY APPROACH OF REJECTING CONFLICT OF CLAUSE 698 OF CIVIL LAW AND 403 OF TRADE LAW. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2017;13(47):11-26. Available from: https://sid.ir/paper/134309/en

IEEE: Copy

RAZIEH AMINI, and HOSSEIN NASSERI MOGHADAM, “SEMANTICS OF GUARANTOR'S CONTRACT BY APPROACH OF REJECTING CONFLICT OF CLAUSE 698 OF CIVIL LAW AND 403 OF TRADE LAW,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 13, no. 47, pp. 11–26, 2017, [Online]. Available: https://sid.ir/paper/134309/en

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