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Author(s): 

ABOUATA MOHAMMAD

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2016
  • Volume: 

    45
  • Issue: 

    4
  • Pages: 

    541-525
Measures: 
  • Citations: 

    0
  • Views: 

    2003
  • Downloads: 

    0
Abstract: 

Based on section 179 of Iranian maritime Act, 1343, if salvage CONTRACT is concluded under the influence of danger or undue influence and its terms are inequitable or if the consent of one of the parties is vitiated by fraud or when the remuneration under the CONTRACT, in proportion to the services, is actually rendered too large or too small, the CONTRACT may be annulled or modified by the court at the request of the party affected. These regulations that have been adopted from section 7 of convention for the unification of certain rules of law relating to assistance and salvage at sea, 1910, and because of the accession of Iranian Government to international convention on salvage, 1989, those which have been repeated in section 13 of the Act for granting permission to the Government of the Islamic Republic of Iran for accession to international convention on salvage, 1373, are not so compatible with the principle of being obligatory of CONTRACTs, general regulation pertaining to duress and fraud in CONTRACTs and the prohibition of courts from their MODIFICATION.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    3
  • Issue: 

    supplement
  • Pages: 

    181-197
Measures: 
  • Citations: 

    0
  • Views: 

    619
  • Downloads: 

    0
Abstract: 

Background and Aim: One of the conditions that the parties agree on when drafting the CONTRACT is determining the condition of the obligation. The present article seeks to examine the "adjustment of the CONTRACTual obligation in the 2016 French Civil Code. " Materials and Methods: The research method is comparative and the data collection method is documentary-legal analysis. Ethical considerations: The writing of the present article is based on the observance of ethical principles of writing articles, including fidelity in citation. Results: Comparison of previous laws and the amendment of the French Civil Code (2016) is mainly based on compliance and convergence with the international environment is influenced by the phenomenon of globalization in order to be able to modernize it while maintaining the original structure of the civil law. Conclusion: The French legislature seeks to bring CONTRACTs and their obligations into line with European law. In the next step, to ensure equality and observance between the interests of the parties, regardless of market requirements. In this sense, it is a progressive law that other legal systems can take advantage of, taking into account indigenous conditions.

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2022
  • Volume: 

  • Issue: 

  • Pages: 

    417-437
Measures: 
  • Citations: 

    0
  • Views: 

    128
  • Downloads: 

    0
Abstract: 

Although arbitration is a CONTRACTual method of dispute settlement but it has a judicial output. This output emerged from imposing the arbitrator's award on disputing parties. The entry of the arbitrator into the arbitration process requires the establishment of a CONTRACTual relationship between him and the parties to the dispute. The agreement which is concluded by the disputers to obligate the arbitrator to settle the dispute is called the "Arbitrator's CONTRACT". This CONTRACT, which is considered less, at least in Iran's law, is the source of the arbitrator entry into the process of arbitration and his intervention in resolving the dispute. According to this CONTRACTual relationship arbitrator obligate to settle the dispute between disputers. In contrast, disputing parties also obligate to pay remuneration. The main practice of this research is to analyze the unknown relationship from the CONTRACT law perspective. An implicit assumption of the issue is twofold, firstly, men of parties in this pattern must be specified and then to check whether the issue and entity or the nature of that correlation can be applicable to the preset CONTRACT forms of civil law or it is a new separate design. Results from the analysis of relationship between arbiter and disputing parties reveals that at least three involved agents must meet the same state of mind on the case, which discusses unraveling issues in return of specified wage and finally this CONTRACT has its own nature and aspect.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    212-222
Measures: 
  • Citations: 

    0
  • Views: 

    6
  • Downloads: 

    0
Abstract: 

The most important principle in concluding a CONTRACT is the possibility of its execution. The discussion of adjustment in the CONTRACTual implementation and the guarantee of its implementation is raised if after the conclusion of the CONTRACT due to reasons that are not attributable to the CONTRACTing parties, its implementation becomes impossible. Obstruction in CONTRACT execution is an important issue in most legal systems such as England, while there are differences regarding this issue.According to Article 229 of the Civil Code of Iran, the obligor is exempted from fulfilling the obligation. However, if due to the occurrence of accidents and changes in the circumstances at the time of the conclusion of the CONTRACT, the execution of the CONTRACT causes excessive difficulty or unusual loss for the obligee, and at the same time the execution of the obligation is not impossible, the law of our country does not provide a clear solution in this case. slowIn this article, we will do a comparative study of the conditions and obligation of the rule of default in Iranian law and the conditions of CONTRACT adjustment in English law and how to implement it and we will state the differences. In fact, the goal of achieving uniform rules based on comparative legal principles will be to create a uniform procedure for judicial courts.

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Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2019
  • Volume: 

    7
  • Issue: 

    27
  • Pages: 

    35-63
Measures: 
  • Citations: 

    0
  • Views: 

    836
  • Downloads: 

    0
Abstract: 

In CONTRACTual relationships, the principle is to preserve and continue CONTRACTual relationships in order to prevent social and economic losses. This is the basis of the concept of "conversion of CONTRACT" analysed by judges by considering the "practical result", that is, economic purposes of the parties within the framework of "social interests". Therefore, the conversion of CONTRACT goes beyond the issue of interpretation, since it is justified on the basis of the "socialization of law" approach. In addition, this theory is not in conflict with Islamic jurisprudence (Fiqh), because it focuses on the socialization of law at the level of "the purpose of the CONTRACT" and does not seek to regain the basis of the validity of the CONTRACT in the social conscience. Therefore, it has been recognised as a legal rule in Fiqh and Articles 144 and 618 of the Civil Codes of Egypt and Afghanistan. In Iranian legal system, it has not been recognized despite its practical implications. Since, the conversion of CONTRACT has economic and social benefits and is not in conflict with Fiqh, it can be adopted in the Civil Code by putting various instances under one title.

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Author(s): 

CLAGUE C. | KEEFER P. | KNACK S.

Issue Info: 
  • Year: 

    1999
  • Volume: 

    4
  • Issue: 

    2
  • Pages: 

    185-211
Measures: 
  • Citations: 

    1
  • Views: 

    194
  • Downloads: 

    0
Keywords: 
Abstract: 

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Journal: 

Medical Law

Issue Info: 
  • Year: 

    2022
  • Volume: 

    16
  • Issue: 

    57
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    31
  • Downloads: 

    0
Abstract: 

Background and Aim: The global spread of the Qovid 19 virus, described by the World Health Organization on January 31, 2020 as "an international threat and concern" has affected all aspects of contemporary life. In the meantie, several restrictive measures have been taken. It has been done by governments to limit and quarantine, which in turn has affected the implementation of CONTRACTs. Ethical Considerations: Considering whether it is possible to execute the CONTRACTs despite the cases of remaining execution, and only this disease causes problems that they are supposed to do. Method: The main question of the present study, which has been done descriptively-analytically, is what will be the status of CONTRACT implementation as a result of the corona outbreak? Secondly, what are the strategies to manage the implementation of CONTRACTs during the corona outbreak? Results: The result of the present study is that from a legal point of view, the corona outbreak can be adapted to three different doctrines, namely force majeure, frustration and hardship of CONTRACT execution. Since it is still possible to enforce CONTRACTs despite the prevalence of coronation, and only the outbreak of this disease has made it difficult to enforce CONTRACTs, the corona should be more in line with the doctrine of difficulty in enforcing CONTRACTs, or hardship. Conclusion: One of the most effective ways to manage CONTRACT execution during the corona is to modify the CONTRACT.

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Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2016
  • Volume: 

    5
  • Issue: 

    1 (9)
  • Pages: 

    1-10
Measures: 
  • Citations: 

    0
  • Views: 

    1418
  • Downloads: 

    0
Abstract: 

Terms of CONTRACT, like a private law, are binding on the CONTRACTing parties and none of the parties to a CONTRACT is allowed to alter, modify or amend the terms of CONTRACT without the consent of the other party, even though the law maker or judge cannot adjust the terms or conditions of the concluded CONTRACT. However, it is possible that unpredictable events occur in the course of performing the CONTRACT in a way that require the terms of that CONTRACT to be adjusted or modified in accordance with new desire of the CONTRACTing parties or their economic needs. This situation can be observed more in international CONTRACTs. Sometimes unexpected and unpredictable events may result in economic imbalance of CONTRACT in a manner that full performance of the terms of CONTRACT may bring about windfall profit for one of the CONTRACTing parties and bankruptcy for the other party. For this reason, parties to such CONTRACTs usually prefer to regulate such a situation in advance.In this research while we studied issues around "Hardship" clause through a descriptive - analytical method, and despite the fact that CONTRACTed terms remain intact as obligatory, changes in circumstances which impact he balance of benefits support the loser to invite the other party to refresh talks. Otherwise he is allowed to make arrangement addressing cancellation under special conditions.

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Author(s): 

MOGHADAM I.

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2008
  • Volume: 

    37
  • Issue: 

    4
  • Pages: 

    229-242
Measures: 
  • Citations: 

    0
  • Views: 

    5116
  • Downloads: 

    0
Abstract: 

This article discusses the cession of CONTRACT. After presenting the definition of cession of CONTRACT, this base on CONTRACTual position and has an independent identity. By dividing the cession of CONTRACT in to executive and judiciary and CONTRACTual, their conditions are investigated.Finally the effects of cession of CONTRACT discussed.

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Journal: 

Islamic Economics

Issue Info: 
  • Year: 

    2017
  • Volume: 

    16
  • Issue: 

    64
  • Pages: 

    147-173
Measures: 
  • Citations: 

    0
  • Views: 

    986
  • Downloads: 

    0
Abstract: 

This research aims to study lease CONTRACT among set of Islamic CONTRACTs by explaining the importance and necessity of detailed study about Islamic CONTRACTs and CONTRACTual approach to Islamic economics. In this regard by considering asymmetric information as the most important challenge facing lease CONTRACT, we will study lease CONTRACT using CONTRACT theory and incentives economics. For this purpose, using a library method we study the various aspects of asymmetry of information in the lease CONTRACT considering Islamic economics and we construct a mathematical model to solve the problem. Finally we reach theoretical model that can design optimal CONTRACTs for lease of house (by replacing parameters) in a way that adverse selection problem will be solved. Then we use hypothetical parameters to solve the constructed model using LINGO software, for testing the model.

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