REINVESTIGATING THE CONCEPT OF EXCESSIVE LOSS IN JURISPRUDENCE AND IRAN’S LAWS

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TABATABAEI SEYED MOHAMMAD SADEGH; ASADI SEYYED HOSSEIN

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Paper Information

Journal: FEQH-E AHL-E-BAIT Year:2013 | Volume:19 | Issue:74 Page(s): 189-246

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Information Journal Paper

Title

REINVESTIGATING THE CONCEPT OF EXCESSIVE LOSS IN JURISPRUDENCE AND IRAN’S LAWS

Author(s)

TABATABAEI SEYED MOHAMMAD SADEGH | ASADI SEYYED HOSSEIN | Issue Writer Certificate

Keywords

KHIAR [OPTION]Q2

EXCESSIVE LOSSQ1

THE MOST EXCESSIVE LOSSQ1

NORMQ2

UNAWARENESSQ2

TYPICAL CRITERIONQ2

Abstract

It is necessary for both parties and their representatives to act upon the contracts signed according to law unless it is dissolved with a consent by both parties or cancelled due to a legal reason (article no.219, civil law).One of these legal reasons is "khiare gabn" [an option to cancel a contract due to EXCESSIVE LOSS] that emerges to support the losing party and precedes the principle of the necessity [to act upon the contract] (article no.457, civil law) once the balance is disrupted betweenevazayn [considerations] and their economic value at the time of signing a dealings contract; on the condition that the losing party was unaware of the price (article no.418, civil law) and has undertaken an EXCESSIVE LOSS (article no.416, civil law). But what does EXCESSIVE LOSS mean? What is the criterion to identify this kind of loss? What are the advantages and disadvantages of criteria proposed in jurisprudence and positive law.Current article studies the concept of EXCESSIVE LOSS in jurisprudents’ and jurists’ ords and evaluate advantages and disadvantages of offered criteria to clarify Iran’s lawmakers’ stance in this respect.

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APA: Copy

TABATABAEI, SEYED MOHAMMAD SADEGH, & ASADI, SEYYED HOSSEIN. (2013). REINVESTIGATING THE CONCEPT OF EXCESSIVE LOSS IN JURISPRUDENCE AND IRAN’S LAWS. FEQH-E AHL-E-BAIT, 19(74), 189-246. SID. https://sid.ir/paper/90907/en

Vancouver: Copy

TABATABAEI SEYED MOHAMMAD SADEGH, ASADI SEYYED HOSSEIN. REINVESTIGATING THE CONCEPT OF EXCESSIVE LOSS IN JURISPRUDENCE AND IRAN’S LAWS. FEQH-E AHL-E-BAIT[Internet]. 2013;19(74):189-246. Available from: https://sid.ir/paper/90907/en

IEEE: Copy

SEYED MOHAMMAD SADEGH TABATABAEI, and SEYYED HOSSEIN ASADI, “REINVESTIGATING THE CONCEPT OF EXCESSIVE LOSS IN JURISPRUDENCE AND IRAN’S LAWS,” FEQH-E AHL-E-BAIT, vol. 19, no. 74, pp. 189–246, 2013, [Online]. Available: https://sid.ir/paper/90907/en

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