CAUSES OF RELATIVE NULLITY IN FRENCH AND IRANIAN LAW AND EVALUATING ITS POSSIBILITY IN JURISPRUDENCE

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KARIMPOUR AAL HASHEM MOHAMAD TAQI; ALAVI MOHAMMADTAGI; MAZHARI MOHMMAD; MASOUDI NASER

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Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2018 | Volume:14 | Issue:51 Page(s): 137-168

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Title

CAUSES OF RELATIVE NULLITY IN FRENCH AND IRANIAN LAW AND EVALUATING ITS POSSIBILITY IN JURISPRUDENCE

Author(s)

KARIMPOUR AAL HASHEM MOHAMAD TAQI | ALAVI MOHAMMADTAGI | MAZHARI MOHMMAD | MASOUDI NASER | Issue Writer Certificate

Keywords

RELATIVE NULLITYQ1

ABSOLUTE NULLITYQ1

LACK OF INFLUENCEQ1

PUBLIC ORDERQ1

PUBLIC BENEFITSQ1

Abstract

During long times, conditional sentence of "relative breach" in Iran's law has been subjected of lawyers arguments. Some lawyers deny existence of this executive guarantee in Iran's law, also a group of them not only have accepted it, but also, in distinguishing its examples, have dealt generously. Some of them have chosen conservative solution and believed that theorizing in this case is not correct and written text in scattered laws are sufficient. Other authors, due to lack of this enforcement guarantee in Imamieh jurisprudence that Iran's law is based on it, suggested the term "capability of branch "instead of " relative breach. However, in the present study, we decided to investigate the causes of relative breach in law texts of both countries of Iran and France by deductive logic and then to investigative the feasibility of procedure in Imamieh jurisprudence. The present work confirms the possibility of this idea that in this case, theorizing in civil law of Iran has been valued and has been eligible of innovation and also has determined the internal realm of relative breach in law of Iran and France.

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APA: Copy

KARIMPOUR AAL HASHEM, MOHAMAD TAQI, ALAVI, MOHAMMADTAGI, MAZHARI, MOHMMAD, & MASOUDI, NASER. (2018). CAUSES OF RELATIVE NULLITY IN FRENCH AND IRANIAN LAW AND EVALUATING ITS POSSIBILITY IN JURISPRUDENCE. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 14(51 ), 137-168. SID. https://sid.ir/paper/134370/en

Vancouver: Copy

KARIMPOUR AAL HASHEM MOHAMAD TAQI, ALAVI MOHAMMADTAGI, MAZHARI MOHMMAD, MASOUDI NASER. CAUSES OF RELATIVE NULLITY IN FRENCH AND IRANIAN LAW AND EVALUATING ITS POSSIBILITY IN JURISPRUDENCE. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2018;14(51 ):137-168. Available from: https://sid.ir/paper/134370/en

IEEE: Copy

MOHAMAD TAQI KARIMPOUR AAL HASHEM, MOHAMMADTAGI ALAVI, MOHMMAD MAZHARI, and NASER MASOUDI, “CAUSES OF RELATIVE NULLITY IN FRENCH AND IRANIAN LAW AND EVALUATING ITS POSSIBILITY IN JURISPRUDENCE,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 14, no. 51 , pp. 137–168, 2018, [Online]. Available: https://sid.ir/paper/134370/en

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