An Analytical Study of the Retroactive Effect of Ending the Suspension in the Imamiyah Jurisprudence, Law of Iran and French Law

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SHARAEI ELHAM; YAZDANIAN ALIREZA; MAHDAVI MOHAMMAD HADI

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Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2019 | Volume:6 | Issue:1 (19) Page(s): 169-198

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Title

An Analytical Study of the Retroactive Effect of Ending the Suspension in the Imamiyah Jurisprudence, Law of Iran and French Law

Author(s)

SHARAEI ELHAM | YAZDANIAN ALIREZA | MAHDAVI MOHAMMAD HADI | Issue Writer Certificate

Keywords

SuspensionQ1

Retroactive EffectQ1

Abolishing ConditionQ1

Suspending ConditionQ1

Abstract

One of the significant discussions in law of contracts is the issue of time of effectiveness of the suspended thing in the period of ending the Suspension. In Iranian Civil Code, fallowing the Islamic jurisprudence's example, the effect of confirmation in the unauthorized transactions is from the time of permission. However, unlike the Suspension-related provisions in some countries in which the order of the issue is given explicitly, there is no regulation expressing the determination of the time of the effect of suspended thing in the aforementioned Code. In 2016 reforms, the French legislator made some changes in the terms stipulated in the former French Civil Code by presenting the issue through separating Suspension in conclusion and Suspension in dissolution of obligations. Considering the lack of an explicit stipulation in Iran's Civil Code and owing to the non-statement of this issue in Islamic jurisprudence, it seems necessary to study such a subject in Iranian law. Accordingly, the most important result of this article, which is conducted through a descriptive-analytic method, demonstrates that ending the Suspension would have no Retroactive Effect.

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APA: Copy

SHARAEI, ELHAM, YAZDANIAN, ALIREZA, & MAHDAVI, MOHAMMAD HADI. (2019). An Analytical Study of the Retroactive Effect of Ending the Suspension in the Imamiyah Jurisprudence, Law of Iran and French Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 6(1 (19) ), 169-198. SID. https://sid.ir/paper/373319/en

Vancouver: Copy

SHARAEI ELHAM, YAZDANIAN ALIREZA, MAHDAVI MOHAMMAD HADI. An Analytical Study of the Retroactive Effect of Ending the Suspension in the Imamiyah Jurisprudence, Law of Iran and French Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2019;6(1 (19) ):169-198. Available from: https://sid.ir/paper/373319/en

IEEE: Copy

ELHAM SHARAEI, ALIREZA YAZDANIAN, and MOHAMMAD HADI MAHDAVI, “An Analytical Study of the Retroactive Effect of Ending the Suspension in the Imamiyah Jurisprudence, Law of Iran and French Law,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 6, no. 1 (19) , pp. 169–198, 2019, [Online]. Available: https://sid.ir/paper/373319/en

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