RE-EXAMINATION -OF ARTICLE 380 OF I.R IRAN CIVIL CODE

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MIRZA NEJADJOBARI AKBAR

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Paper Information

Journal: LAW & POLITICS RESEARCH JOURNAL Year:2006 | Volume:8 | Issue:18 (SPECIAL OF LAW) Page(s): 91-118

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Title

RE-EXAMINATION -OF ARTICLE 380 OF I.R IRAN CIVIL CODE

Author(s)

MIRZA NEJADJOBARI AKBAR | Issue Writer Certificate

Keywords

BANKRUPTCYQ1

INSOLVENCYQ3

HARDSHIPQ2

LIENQ2

RIGHT OF PRIORITYQ2

RIGHT OF CANCELLATIONQ2

DELIVERY OF GOODQ2

Abstract

Advancement in all aspects of human life, in particular economic development at national and global levels have made BANKRUPTCY as one of the most resorted justification for failing to perform a contractual obligation. A perplexed and in the meantime controversial question which in this context may be posed is this: does a vendor who has not yet delivered his good to the purchaser have the right to refuse passing over the good to the bankrupt buyer.Or, in cases where the subject matter of the contract has already been delivered, does the seller have the right to have it back? The immediate answer may simply appear to be negative: that, since the BANKRUPTCY has been declared after the conclusion of the contract, the vendor will no longer have any right of ownership and accordingly he is legally bound to deliver the good to the buyer. But he will be reimbursed during the liquidation and winding up process once his name is recorded in the creditors list.Article 380 of the I.S. Iran Civil Code seems to have a different stipulation; namely, in the event of the buyer INSOLVENCY the vendor is entitled to the return of his property and where the subject matter has not yet been delivered has the right of refusal.The prime purpose of this Article is to examine Article 380 and elaborate upon the legal approach which the Article has embodied. In so doing the study will also consider the issue in other context: namely; commercial law. In the light of such examination the work will embark upon a comparative assessment by taking into consideration the legal approach which the French legal system has adopted in this respect.

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APA: Copy

MIRZA NEJADJOBARI, AKBAR. (2006). RE-EXAMINATION -OF ARTICLE 380 OF I.R IRAN CIVIL CODE. LAW & POLITICS RESEARCH JOURNAL, 8(18 (SPECIAL OF LAW)), 91-118. SID. https://sid.ir/paper/98123/en

Vancouver: Copy

MIRZA NEJADJOBARI AKBAR. RE-EXAMINATION -OF ARTICLE 380 OF I.R IRAN CIVIL CODE. LAW & POLITICS RESEARCH JOURNAL[Internet]. 2006;8(18 (SPECIAL OF LAW)):91-118. Available from: https://sid.ir/paper/98123/en

IEEE: Copy

AKBAR MIRZA NEJADJOBARI, “RE-EXAMINATION -OF ARTICLE 380 OF I.R IRAN CIVIL CODE,” LAW & POLITICS RESEARCH JOURNAL, vol. 8, no. 18 (SPECIAL OF LAW), pp. 91–118, 2006, [Online]. Available: https://sid.ir/paper/98123/en

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