CONSIDERING THE FORMS OF CONDITION AND THEIR EFFECTS (WITH EMPHASIS ON VIOLATIONS OF THE LIABILITIES)

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JAHANGIRI MOHSEN; YAZDANI GHOLAMREZA

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Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2012 | Volume:- | Issue:5 Page(s): 25-54

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Information Journal Paper

Title

CONSIDERING THE FORMS OF CONDITION AND THEIR EFFECTS (WITH EMPHASIS ON VIOLATIONS OF THE LIABILITIES)

Author(s)

JAHANGIRI MOHSEN | YAZDANI GHOLAMREZA | Issue Writer Certificate

Keywords

STIPULATION OF THE ADJECTIVEQ2

CONDITION OF THE ACTQ2

CONDITION OF THE CONSEQUENCEQ2

VIOLATION OF THE COMMITMENTQ2

COMPULSORY EXECUTIONQ2

REPRESENTATIVE EXECUTIONQ2

Abstract

Provision has been divided into three parts in Shiite jurisprudence and civil law: provision of the adjective, result and act. Violation of the provision of the consequence is not possible, so there is no place there for guarantee, but what about violating the condition of the adjective and act? In case that the person who the provision is against violates the stipulation, is there any way to require him to it? If the person who the stipulation is for suffers damages, is there any way in jurisprudence and law for compensation? In this paper, we prove that civil law has predicted the right of cancelation for whom the stipulation is for if the condition of property is violated while in addition to the right to terminate there is still possibility of requiring the committed person to the stipulation. But in violation of the CONDITION OF THE ACT, if it be material act, the legislature has considered two guarantees: compulsory or REPRESENTATIVE EXECUTION and the right of termination; if it is a negative legal act, there is the possibility of violation in the one hand, and the right of termination will be existed for who the stipulation is for, on the other hand.

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ضمانت اجرای شرط ترک فعل حقوقی از منظر فقه امامیه و حقوق مدنی ایران با رویکردی بر آرای امام خمینی (س)

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APA: Copy

JAHANGIRI, MOHSEN, & YAZDANI, GHOLAMREZA. (2012). CONSIDERING THE FORMS OF CONDITION AND THEIR EFFECTS (WITH EMPHASIS ON VIOLATIONS OF THE LIABILITIES). CIVIL JURISPRUDENCE DOCTRINES, -(5), 25-54. SID. https://sid.ir/paper/227200/en

Vancouver: Copy

JAHANGIRI MOHSEN, YAZDANI GHOLAMREZA. CONSIDERING THE FORMS OF CONDITION AND THEIR EFFECTS (WITH EMPHASIS ON VIOLATIONS OF THE LIABILITIES). CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2012;-(5):25-54. Available from: https://sid.ir/paper/227200/en

IEEE: Copy

MOHSEN JAHANGIRI, and GHOLAMREZA YAZDANI, “CONSIDERING THE FORMS OF CONDITION AND THEIR EFFECTS (WITH EMPHASIS ON VIOLATIONS OF THE LIABILITIES),” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 5, pp. 25–54, 2012, [Online]. Available: https://sid.ir/paper/227200/en

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