A GENERAL THEORY OF RIGHT OF WITHDRAWAL IN MUTUAL OBLIGATIONS

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

PARSAPOUR MOHAMMAD BAGHER; ISSAEI TAFRESHI MOHAMMAD

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: NAMEH-YE-MOFID Year:2010 | Volume:15 | Issue:2 (76 LAW) Page(s): 3-22

Download Full-Text

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Verion

View:

11,400

Download:

Cites:

Information Journal Paper

Title

A GENERAL THEORY OF RIGHT OF WITHDRAWAL IN MUTUAL OBLIGATIONS

Author(s)

PARSAPOUR MOHAMMAD BAGHER | ISSAEI TAFRESHI MOHAMMAD | Issue Writer Certificate

Keywords

RIGHT OF WITHDRAWALQ2

MUTUAL OBLIGATIONQ3

EXCHANGE CONTRACTSQ2

INVOLUNTARY EXCHANGESQ3

Abstract

According to Article 337 of the Iranian Civil Code, "Each of the seller and buyer is entitled to restrain from delivering the thing sold or the price until the other party is ready to deliver it".The right that the parties of contract of sale can avoid delivering his/her subject of obligation until receiving his/her own consideration of subject of obligation is called the RIGHT OF WITHDRAWAL.Contrary to what some Iranian civil law commentators believe that the above mentioned provision is against the rule and limited to where explicitly provided by the law, the dominant view in lmamiya figh and Iranian law sees it as being according to the rule and nature of contracts of exchange and thus extending to contracts other than that of sale.On the other hand, in some fighi and legal writings, the RIGHT OF WITHDRAWAL is considered to go beyond the framework of EXCHANGE CONTRACTS covering all INVOLUNTARY EXCHANGES.In the present article the authors have tried to draw an even broader scope for the RIGHT OF WITHDRAWAL through proposing a general theory of RIGHT OF WITHDRAWAL in MUTUAL OBLIGATIONs based on the reciprocity of the two obligations and their equality in a way that it goes beyond the relationship between the two obligations which in turn involves all cases that obligations are mutual.

Cites

No record.

References

No record.

Cite

APA: Copy

PARSAPOUR, MOHAMMAD BAGHER, & ISSAEI TAFRESHI, MOHAMMAD. (2010). A GENERAL THEORY OF RIGHT OF WITHDRAWAL IN MUTUAL OBLIGATIONS. NAMEH-YE-MOFID, 15(2 (76 LAW)), 3-22. SID. https://sid.ir/paper/3548/en

Vancouver: Copy

PARSAPOUR MOHAMMAD BAGHER, ISSAEI TAFRESHI MOHAMMAD. A GENERAL THEORY OF RIGHT OF WITHDRAWAL IN MUTUAL OBLIGATIONS. NAMEH-YE-MOFID[Internet]. 2010;15(2 (76 LAW)):3-22. Available from: https://sid.ir/paper/3548/en

IEEE: Copy

MOHAMMAD BAGHER PARSAPOUR, and MOHAMMAD ISSAEI TAFRESHI, “A GENERAL THEORY OF RIGHT OF WITHDRAWAL IN MUTUAL OBLIGATIONS,” NAMEH-YE-MOFID, vol. 15, no. 2 (76 LAW), pp. 3–22, 2010, [Online]. Available: https://sid.ir/paper/3548/en

Related Journal Papers