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Information Journal Paper

Title

COMPARATIVE STUDY ON FORMALITIES OF VOLITION IN UNILATERAL LEGAL ACT IN ISLAMIC AND WESTERN LAW

Pages

  71-98

Abstract

 In UNILATERAL LEGAL ACTs, only one party's volition is creative. As it is exceptional to seize the rights of others, the legislators need to inspect the perfection and influence of the volition. So they provide some FORMALITIES for UNILATERAL LEGAL ACTs. But the most essential issue is “the effect of these FORMALITIES on determinant's volition”: whether they are terms to create UNILATERAL LEGAL ACTs or terms to prove them. To answer this necessity in present article, a comparative study on all kinds of UNILATERAL LEGAL ACTs, in Iranian law, other Islamic countries law (especially Egypt) and also Western countries law (mostly French and English Law as the leading examples of the two legal systems: Romano-Germanic and Common Law), has been done. By an inductive and comparative research, we classify these FORMALITIES, according to the phase (time) of regarding the FORMALITIES: “in the process of volition to create” UNILATERAL LEGAL ACT, and, “before” or “after” that. We also make FORMALITIES of various UNILATERAL LEGAL ACTs classified and distinguished, by presenting their legal related provisions in internal and foreign laws.

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  • Cite

    APA: Copy

    SALEHI MAZANDARANI, MOHAMMAD, & ZAKERINIA, HANIEH. (2016). COMPARATIVE STUDY ON FORMALITIES OF VOLITION IN UNILATERAL LEGAL ACT IN ISLAMIC AND WESTERN LAW. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 3(2 ), 71-98. SID. https://sid.ir/paper/262110/en

    Vancouver: Copy

    SALEHI MAZANDARANI MOHAMMAD, ZAKERINIA HANIEH. COMPARATIVE STUDY ON FORMALITIES OF VOLITION IN UNILATERAL LEGAL ACT IN ISLAMIC AND WESTERN LAW. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2016;3(2 ):71-98. Available from: https://sid.ir/paper/262110/en

    IEEE: Copy

    MOHAMMAD SALEHI MAZANDARANI, and HANIEH ZAKERINIA, “COMPARATIVE STUDY ON FORMALITIES OF VOLITION IN UNILATERAL LEGAL ACT IN ISLAMIC AND WESTERN LAW,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 3, no. 2 , pp. 71–98, 2016, [Online]. Available: https://sid.ir/paper/262110/en

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