EXAMINE THE NATURE AND PRINEIPLES OF JURISPRUDENCE, LEGAL LIABILITY

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RANJBAR REZA; SALARI POUR ESMAEL

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Journal: RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW Year:2011 | Volume:3 | Issue:8-9 Page(s): 6-37

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Title

EXAMINE THE NATURE AND PRINEIPLES OF JURISPRUDENCE, LEGAL LIABILITY

Author(s)

RANJBAR REZA | SALARI POUR ESMAEL | Issue Writer Certificate

Keywords

PENALTY CLAUSEQ2

BONDQ2

INDEMNITYQ2

ROMAN-GERMAN LEGAL SYSTEMQ2

ISLAMIC LEGAL SYSTEMQ2

Abstract

In all legal systems, PENALTY CLAUSE is a known concept. In contrast to the legal systems governed by German-Roman system, in which PENALTY CLAUSE has an ancient origin, and for this reason it is in form of a codified concept, in Islamic law, PENALTY CLAUSE is not a codified notion, and it had been adopted from the article 1152 of French civil code, when the legislature was in charge of preparing the article 230 of Iranian civil law. Despite the fact, that French civil code has been amended to modify this notion, the article 230 of Iranian civil code, which is the only article stipulating PENALTY CLAUSE, has not been modified from that time, and its nature and effects is still ambiguous. Therefore, it is required to study the nature and effects of PENALTY CLAUSE in Iranian legal system by comparing it with its origin.

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APA: Copy

RANJBAR, REZA, & SALARI POUR, ESMAEL. (2011). EXAMINE THE NATURE AND PRINEIPLES OF JURISPRUDENCE, LEGAL LIABILITY. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, 3(8-9), 6-37. SID. https://sid.ir/paper/255269/en

Vancouver: Copy

RANJBAR REZA, SALARI POUR ESMAEL. EXAMINE THE NATURE AND PRINEIPLES OF JURISPRUDENCE, LEGAL LIABILITY. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW[Internet]. 2011;3(8-9):6-37. Available from: https://sid.ir/paper/255269/en

IEEE: Copy

REZA RANJBAR, and ESMAEL SALARI POUR, “EXAMINE THE NATURE AND PRINEIPLES OF JURISPRUDENCE, LEGAL LIABILITY,” RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, vol. 3, no. 8-9, pp. 6–37, 2011, [Online]. Available: https://sid.ir/paper/255269/en

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