A comparative study of the effects of contracts transmitter into contract property transmitter and the contract imposing obligations in islamic jurisprudence and Iranian and French law
Author(s):
Message:
Abstract:
One of the subdivisions of the contracts among the works of the authors is the division of contracts into the contract property transmitter and the contract imposing obligations. This division is not in French civil law and in Iran and it has always been believed that contracts in the French are contracts imposing obligations and there is no division of contracts into the contract property transmitter and the contract imposing obligations. As it may be based on the viewpoint of some individuals that ownership of the obligqtion and the property transmitter nature of contract of sale generql may be based on the belief that the division in Iran is not necessary. Nevertheless, there are indications of the existence of the contract property transmitter in the doctrine and even in French law. Also, in Iran and France, the objects are divided into a definite and general, and this division is not impartial with the contract property transmitter and the contract imposing obligations. Although it can not be said that the division of the objects into a definite and general is the same as the division of contracts into a contract property transmitter and the contract imposing obligations but this could indicate the difference between the effects of the contract property transmitter and the contract non property transmitter. Although this is not a comprehensive division, this division does not prevent other divisions. It can be argued that the issue of the place of the dispute raised the question as to whether in Iran's law the division of the subject of contracts into the definite and general is based on what ruling and what works there? Is it possible in Iran's law to divide this division as an indication of the division of contracts into contract property transmitter and the contract imposing obligations, and what effect does it have on the division of contracts into a into contract property transmitter and the contract imposing obligations? It seems that in Iranian and French law, the division of the subject of contracts is not without effect, and it seems that both Iranian and French law can not be denied the division of contracts into into contract property transmitter and the contract imposing obligations. In the French civil law and in Iran, the effects of this division, regardless of acceptance or non-acceptance, have not been collected and perhaps this article will be the beginning of a future doctrine study that will be examined in a comparative way.
Article Type:
Research/Original Article
Language:
Persian
Published:
پژوهشنامه حقوق اسلامی, Volume:19 Issue:48, 2019
Pages:
343 - 368
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