CONTRACT OF THE HIRE OF PERSONS; PROMISSORY OR POSSESSORY

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MOHAGHEGH DAMAD S.M.; NEMATOLLAHI E.

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

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Journal: NAMEH-YE-MOFID Year:2007 | Volume:12 | Issue:2 (58 LAW) Page(s): 23-40

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Information Journal Paper

Title

CONTRACT OF THE HIRE OF PERSONS; PROMISSORY OR POSSESSORY

Author(s)

MOHAGHEGH DAMAD S.M. | NEMATOLLAHI E.

Keywords

PROMISSORY CONTRACTQ2

POSSESSORY CONTRACTQ3

HIRE OF PERSONSQ2

REAL RIGHTQ2

PERSONAL RIGHTQ2

Abstract

This article deals with the question whether the contract of HIRE OF PERSONS is a PROMISSORY CONTRACT or a possessory one. The concepts of promissory and POSSESSORY CONTRACTs in Shiite jurisprudence and Iranian law are studied in Section One. Section Two explains the position of the contract of HIRE OF PERSONS in this division. The overwhelming view in Shiite jurisprudence, and hence the position of the Iranian Civil Code, is that HIRE OF PERSONS is a PROMISSORY CONTRACT. Thus, Section Three makes a comparison between the effects of the theories of the promissory or possessory character of the contract of HIRE OF PERSONS. Shiite jurisprudence's compliance or noncompliance with the first theory is studied in Section Four. Finally, after explaining the concepts of property and ownership, the authors try to justify this theory.

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Cites

ANALYSIS OF THE NATURE OF ALEATORY CONTRACT IN IRAN AND EGYPT LAW; A COMPARATIVE STUDY

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APA: Copy

MOHAGHEGH DAMAD, S.M., & NEMATOLLAHI, E.. (2007). CONTRACT OF THE HIRE OF PERSONS; PROMISSORY OR POSSESSORY. NAMEH-YE-MOFID, 12(2 (58 LAW)), 23-40. SID. https://sid.ir/paper/3742/en

Vancouver: Copy

MOHAGHEGH DAMAD S.M., NEMATOLLAHI E.. CONTRACT OF THE HIRE OF PERSONS; PROMISSORY OR POSSESSORY. NAMEH-YE-MOFID[Internet]. 2007;12(2 (58 LAW)):23-40. Available from: https://sid.ir/paper/3742/en

IEEE: Copy

S.M. MOHAGHEGH DAMAD, and E. NEMATOLLAHI, “CONTRACT OF THE HIRE OF PERSONS; PROMISSORY OR POSSESSORY,” NAMEH-YE-MOFID, vol. 12, no. 2 (58 LAW), pp. 23–40, 2007, [Online]. Available: https://sid.ir/paper/3742/en

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