A Comparative Perspective of Offer and Acceptance in Islamic and Iranian Law and Modern Private Law

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KHORSANDIAN MOHAMMAD ALI

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Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2018 | Volume:5 | Issue:1 (15) Page(s): 81-119

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Title

A Comparative Perspective of Offer and Acceptance in Islamic and Iranian Law and Modern Private Law

Author(s)

KHORSANDIAN MOHAMMAD ALI | Issue Writer Certificate

Keywords

European Law of ContractsQ1

Offer and AcceptanceQ1

Formation of the ContractQ2

Irrevocable OfferQ1

Abstract

Although there are many researches about Offer and Acceptance, the question of this study is investigating the formation of contracts in a comparative perspective with modern private law. Being conducted through a comparative method, the present research reinforces the possibility that the concepts of Offer and Acceptance have found a way to law of west from Islamic law. Accordingly, we witness numerous similarities between these two legal systems in this regard. The modern private law is similar to our legal system regarding the elements of the offer, its effects and the cusses of its termination such as the rejection of the addressee, revocation and the passage of the deadline. However, there are some differences in certain cases including the quality of determining the consideration of the offer, approval of modified acceptance or mutual acceptance in new instruments. In addition, contrary to Iranian law, the new instruments have not refered to some causes of termination of offer such as death and incapacity, loss of subject, and repetition of the offer. Furthermore, it is demonstrated that the advantage of western law is to breaking the examples and determining the similar cases and it is stated that which rational methods of modern law could be used in revising Iranian laws.

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APA: Copy

KHORSANDIAN, MOHAMMAD ALI. (2018). A Comparative Perspective of Offer and Acceptance in Islamic and Iranian Law and Modern Private Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 5(1 (15) ), 81-119. SID. https://sid.ir/paper/262107/en

Vancouver: Copy

KHORSANDIAN MOHAMMAD ALI. A Comparative Perspective of Offer and Acceptance in Islamic and Iranian Law and Modern Private Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2018;5(1 (15) ):81-119. Available from: https://sid.ir/paper/262107/en

IEEE: Copy

MOHAMMAD ALI KHORSANDIAN, “A Comparative Perspective of Offer and Acceptance in Islamic and Iranian Law and Modern Private Law,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 5, no. 1 (15) , pp. 81–119, 2018, [Online]. Available: https://sid.ir/paper/262107/en

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