Developments of the Contracts In Favour of a Third Party in the Modern Law of Western Systems and Iranian Law

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PIRHADI MOHAMMAD REZA

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Journal: International Police Studies Quarterly Year:2021 | Volume:12 | Issue:45 Page(s): 62-85

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Title

Developments of the Contracts In Favour of a Third Party in the Modern Law of Western Systems and Iranian Law

Author(s)

PIRHADI MOHAMMAD REZA | Issue Writer Certificate

Keywords

commitment to the benefit of a third party

undertaking to the prejudice of a third party

undertaking to the act of a third party

privity of contract

Shia jurisprudence

Abstract

Field and Aims: Considering that Commitment in favor of a third party, have numerous examples and it becomes a rule in the new and modern laws of the Western legal system, so this requires a fundamental study to find out a scientific context in the developments of this legal establishment in Iranian law. Accordingly, by studying these issues in the Shia jurisprudence and Iranian legal doctrine, you can find out that commitment in favor of a third party could be a rule not an exception to the principle of privity of contracts and you can see the Wide scope of the capacity status of third-party beneficiary and the different types of acceptance by the third party. Methodology: The author tries by Descriptive-Analytical method to explain the developments of the obligation in favor of a third party in the new law of Western legal systems and their acceptability in Iranian law by studying its history in Iranian law and even show that these concepts in more details have been accepted in Shia jurisprudence. Findings and Conclusion: The undertaking to the prejudice of a third party, undertaking to the act of a third party, and commitment to benefit of a third party are different. On the other hand, in various Shia sources, the validity of the transfer of property and rights and even the peace of disputes in favor of a third-party and the like has been accepted in various instances. Accordingly, it is possible to find out a rule through induction and abolition of specificity. Some examples of Shia jurisprudence indicate the development of the concept of third-party capacity even beyond the new issues of Western legal systems. Also, in Iranian law, the difference between intention in the legal action and legal event can be one of the bases of detailed principles in a third party beneficiary acceptance. Considering the concepts of The undertaking to the prejudice of a third party, undertaking to the act of a third party, and commitment to benefit of a third party and the validity of the transfer of property and rights and even the peace of disputes in favor of a third-party in various cases, in Iranian law and especially in Shia jurisprudence, commitment to the benefit of a third party can be considered as a rule, and because of these examples, the capacity of the third-party beneficiary extends to the incapacitated person and even can create a commitment to the benefit of a third party that will exist in the future. On the other hand, third party’ s acceptance in cases where we give an offer in benefit of a third party is necessary and in cases where there is not an intention in the legal action; in benefit of a third party The acceptance by a third-party beneficiary is not necessary, and in relinquishing the debt of a third party, there would be no need to third party’ s acceptance finding: The undertaking to the prejudice of a third party, undertaking to the act of a third party, and commitment to benefit of a third party are different. On the other hand, in various Shia sources, the validity of the transfer of property and rights and even the peace of disputes in favor of a third-party and the like has been accepted in various instances. Accordingly, it is possible to find out a rule through induction and abolition of specificity. Some examples of Shia jurisprudence indicate the development of the concept of third-party capacity even beyond the new issues of Western legal systems. Also, in Iranian law, the difference between intention in the legal action and legal event can be one of the bases of detailed principles in a third party beneficiary acceptance.

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APA: Copy

PIRHADI, MOHAMMAD REZA. (2021). Developments of the Contracts In Favour of a Third Party in the Modern Law of Western Systems and Iranian Law. POLICE INTERNATIONAL STUDIES, 12(45 ), 62-85. SID. https://sid.ir/paper/385822/en

Vancouver: Copy

PIRHADI MOHAMMAD REZA. Developments of the Contracts In Favour of a Third Party in the Modern Law of Western Systems and Iranian Law. POLICE INTERNATIONAL STUDIES[Internet]. 2021;12(45 ):62-85. Available from: https://sid.ir/paper/385822/en

IEEE: Copy

MOHAMMAD REZA PIRHADI, “Developments of the Contracts In Favour of a Third Party in the Modern Law of Western Systems and Iranian Law,” POLICE INTERNATIONAL STUDIES, vol. 12, no. 45 , pp. 62–85, 2021, [Online]. Available: https://sid.ir/paper/385822/en

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