THE DUALITY OF CAUSE AND OBJECT, AND IT'S EFFECTS ON THE VIEWPOINTS OF IMAMIYAH JURISPRUDENCE, THE IRANIAN AND FRENCH LAW

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SHAHABI MAHDI; JAFARI NAFISEH

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Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2015 | Volume:2 | Issue:2 Page(s): 1-24

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Information Journal Paper

Title

THE DUALITY OF CAUSE AND OBJECT, AND IT'S EFFECTS ON THE VIEWPOINTS OF IMAMIYAH JURISPRUDENCE, THE IRANIAN AND FRENCH LAW

Author(s)

SHAHABI MAHDI | JAFARI NAFISEH | Issue Writer Certificate

Keywords

CAUSE OF OBLIGATIONQ2

CAUSE OF CONTRACTQ2

OBJECT OF TRANSACTIONQ1

PRINCIPLE OF CORRELATIONQ1

RECIPROCAL OBLIGATIONSQ2

SWAP CONTRACTSQ2

SYNALLAGMATIC CONTRACTSQ2

Abstract

Contrary to the French Civil Code, the Iranian counterpart, which follows the Imamiyah Jurisprudence, does not consider the CAUSE OF OBLIGATION as one of the elements of the validity of the contract. On this basis, some jurists believe that the legislator has intentionally deleted this causal element and has refused to introduce it in the contract, since all the consequences of this concept are accessible with reference to the third paragraph of the Article 90 of Iranian Civil Code concerning the OBJECT OF TRANSACTION. This means that the unity of the cause and the object in the law of contracts are observed. Nevertheless, it appears that these elements are two distinct concepts and although they share some similarities, they are different in many respects. So, the main question in this regard is whether we can recognize the concept of cause in the Iranian law, and what are the effects of the duality of cause and object in the law of contracts. This research, in a comparative analysis framework, attempts to provide answers to these questions.

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APA: Copy

SHAHABI, MAHDI, & JAFARI, NAFISEH. (2015). THE DUALITY OF CAUSE AND OBJECT, AND IT'S EFFECTS ON THE VIEWPOINTS OF IMAMIYAH JURISPRUDENCE, THE IRANIAN AND FRENCH LAW. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 2(2), 1-24. SID. https://sid.ir/paper/262080/en

Vancouver: Copy

SHAHABI MAHDI, JAFARI NAFISEH. THE DUALITY OF CAUSE AND OBJECT, AND IT'S EFFECTS ON THE VIEWPOINTS OF IMAMIYAH JURISPRUDENCE, THE IRANIAN AND FRENCH LAW. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2015;2(2):1-24. Available from: https://sid.ir/paper/262080/en

IEEE: Copy

MAHDI SHAHABI, and NAFISEH JAFARI, “THE DUALITY OF CAUSE AND OBJECT, AND IT'S EFFECTS ON THE VIEWPOINTS OF IMAMIYAH JURISPRUDENCE, THE IRANIAN AND FRENCH LAW,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 2, no. 2, pp. 1–24, 2015, [Online]. Available: https://sid.ir/paper/262080/en

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