The Study of the Termination of Suspended Contracts in Law and in Fact with a View to the French Law

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SHARAEI ELHAM; Yazdaniyan Alireza; Abasiyan Reza; MAHDAVI MOHAMMAD HADI

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Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2018 | Volume:10 | Issue:1 (27) Page(s): 129-160

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Title

The Study of the Termination of Suspended Contracts in Law and in Fact with a View to the French Law

Author(s)

SHARAEI ELHAM | Yazdaniyan Alireza | Abasiyan Reza | MAHDAVI MOHAMMAD HADI | Issue Writer Certificate

Keywords

SuspensionQ1

Resolutory conditionQ1

suspense ConditionQ1

Event in the suspended contractQ2

Abstract

As stipulated by the legislator, condition precedent contracts are acknowledged as valid agreements. Although the question of how to end the Suspension period has not been stipulated by the Law in Iran, considering the New French Civil Code, Article 3-1304, it seems that there are two ways to end the pending period in contracts. In this article, in addition to introducing these two ways i. e. "termination in fact" and "termination in law" of pending period of suspended contracts, it has been proved that the procedures of pending period of suspended contracts are consistent with the basis of Iranian legal system. Therefore, termination in fact is a sort of realization of the will of both parties and termination in law is to apply civil liability rules. However, in order to refer to the rules of each type of termination, it is necessary to identify some special circumstances which are discussed in this article.

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APA: Copy

SHARAEI, ELHAM, Yazdaniyan, Alireza, Abasiyan, Reza, & MAHDAVI, MOHAMMAD HADI. (2018). The Study of the Termination of Suspended Contracts in Law and in Fact with a View to the French Law. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 10(1 (27) ), 129-160. SID. https://sid.ir/paper/223526/en

Vancouver: Copy

SHARAEI ELHAM, Yazdaniyan Alireza, Abasiyan Reza, MAHDAVI MOHAMMAD HADI. The Study of the Termination of Suspended Contracts in Law and in Fact with a View to the French Law. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2018;10(1 (27) ):129-160. Available from: https://sid.ir/paper/223526/en

IEEE: Copy

ELHAM SHARAEI, Alireza Yazdaniyan, Reza Abasiyan, and MOHAMMAD HADI MAHDAVI, “The Study of the Termination of Suspended Contracts in Law and in Fact with a View to the French Law,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 10, no. 1 (27) , pp. 129–160, 2018, [Online]. Available: https://sid.ir/paper/223526/en

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