Investigating the Flow of Unauthorized Transactions Rulings in Covenant Contracts from the Perspective of Imami Jurisprudence, Iranian and British Law

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.

Khubiari Hamed; Tabatabaei S. MuhammadSadegh; Arashpour Alireza

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

Journal Paper

Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2021 | Volume:12 | Issue:22 Page(s): 203-230

Download Full-Text

Persian Verion

View:

525

Download:

Cites:

Information Journal Paper

Title

Investigating the Flow of Unauthorized Transactions Rulings in Covenant Contracts from the Perspective of Imami Jurisprudence, Iranian and British Law

Author(s)

Khubiari Hamed | Tabatabaei S. MuhammadSadegh | Arashpour Alireza | Issue Writer Certificate

Keywords

Unauthorized contractQ1

Imperative rulesQ1

status rulesQ2

Commitment to a third actQ2

Principle of obligatory or (principle of necessity)Q2

Abstract

Most authors consider unauthorized transactions in the Iranian legal system as one of the general rules of contracts and have extended it to permissive and covenant contracts. This generalization (expansion) has led to rulings that are sometimes contrary to public order. For example, he obligates the principal to a contract whose obligor is unknown to him. On the other hand, it is not possible to identify covenant contracts that merely give rise to an imperative rule. In English law, the transaction of another person’ s property may be made to the unauthorized person or the owner in the form of a covenant, which in the first case is exceptional and in the second case is in accordance with the rule. The complexities of Imami jurisprudence in separating the Imperative rules from the status rules, as well as the fact that the jurisprudential reasoning system is more systematic than in British law, have caused the scope limitation of the possibility of concluding covenant contracts in a form of Unauthorized contract in Iranian law. In this article, by comparatively examining the provisions of covenant contracts and the effects of Unauthorized contracts in Imami jurisprudence, Iranian and British law, we come to the conclusion that concluding a covenant contract in Iranian law is not a general rule in contracts and it is possible only if the subject of the transaction or the subject of the obligation is the property of another and if the act was committed; is possible when to have financial effects.

Cites

No record.

References

No record.

Cite

APA: Copy

Khubiari, Hamed, Tabatabaei, S. MuhammadSadegh, & Arashpour, Alireza. (2021). Investigating the Flow of Unauthorized Transactions Rulings in Covenant Contracts from the Perspective of Imami Jurisprudence, Iranian and British Law. CIVIL JURISPRUDENCE DOCTRINES, 12(22 ), 203-230. SID. https://sid.ir/paper/403680/en

Vancouver: Copy

Khubiari Hamed, Tabatabaei S. MuhammadSadegh, Arashpour Alireza. Investigating the Flow of Unauthorized Transactions Rulings in Covenant Contracts from the Perspective of Imami Jurisprudence, Iranian and British Law. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2021;12(22 ):203-230. Available from: https://sid.ir/paper/403680/en

IEEE: Copy

Hamed Khubiari, S. MuhammadSadegh Tabatabaei, and Alireza Arashpour, “Investigating the Flow of Unauthorized Transactions Rulings in Covenant Contracts from the Perspective of Imami Jurisprudence, Iranian and British Law,” CIVIL JURISPRUDENCE DOCTRINES, vol. 12, no. 22 , pp. 203–230, 2021, [Online]. Available: https://sid.ir/paper/403680/en

Related Journal Papers