Saeed bigdeli; Akbar osanloo
Abstract
One of the shortcomings of Napoleon's code was the lack of "lapse" of considerable contracts, which was recognized by French doctrine and jurisprudence. Therefore, they tried to propose a codification in various civil law revision projects. Thus, in Decree No. 131-2016, February 10, 2016, the Law of ...
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One of the shortcomings of Napoleon's code was the lack of "lapse" of considerable contracts, which was recognized by French doctrine and jurisprudence. Therefore, they tried to propose a codification in various civil law revision projects. Thus, in Decree No. 131-2016, February 10, 2016, the Law of Obligations and Contracts, a new institution called "caducité (lapse)" was envisaged in Articles 1186 and 1187 of the French Civil Code. This institution describes the status of a contract that has been entered into quite validly, but then loses one of its essential elements due to a subsequent event. The result of this situation, is the discharge of the obligations of the parties to the contract. Iran Civil Code does not define such an institution, but examples of caducité (lapse) can be deduced from some provisions of Civil Law and other laws. In general, the reasons for lapse of the contract can include the deterioration of the subject of the contract, the loss of its cause, death or incompetence in the obligations of the person and If suspensive condition fails the prescribed period provided in the suspended condition that any occurrence of the recent assumptions may lead to the termination of the contract. Lapse occurs automatically and its effect is not retroactive. Thus, in the opinion of the authors, the provisions of Iran Civil Code are incomplete in this respect, and the establishment of such an institution can be useful.
Saeid Bighdeli; Ahmad Ekhtiyari
Abstract
Collective loss which in its general sense includes losses suffered by the whole members of a set and in its special sense is the loss incurred on the totality of a set, without it necessarily contains the detriment of the individual members,has today drawn the attention of different countries' law for ...
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Collective loss which in its general sense includes losses suffered by the whole members of a set and in its special sense is the loss incurred on the totality of a set, without it necessarily contains the detriment of the individual members,has today drawn the attention of different countries' law for various reasons. In the meantime, one of the basic questions, is the possibility of its claim by collective legal personality. Despite the importance of this subject and the necessity of determining its legal status, sufficient attention has not been paid to it in domestic laws; and judicial precedent has no specific judgment in this regard. This writing,meanwhile the attempt to study the subject in the accepted framework of rules and regulations governing the law of Iran, has tried to study it in French Law and taken its generalization to Iran's law into accounts. Accordingly, it seems, despite the current differences in the two legal systems in terms of legislation and case law, the law of Iran can also enjoy its present legal potentialities to move toward opening the ways of accepting this claim in its domestic law, as France did.
Saeid Bigdeli; Abuzar Sahranavard
Volume 1, Issue 3 , March 2013, , Pages 95-123
Abstract
Under Iran’s legal system incompetents are protected through variouschannels namely in part by nullyfiying or ruling ineffective the legal actionstaken by the same. Further, to gurantee and safeguard their interests,particular agents are to be delegated to administer on their behalf their legalaffairs. ...
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Under Iran’s legal system incompetents are protected through variouschannels namely in part by nullyfiying or ruling ineffective the legal actionstaken by the same. Further, to gurantee and safeguard their interests,particular agents are to be delegated to administer on their behalf their legalaffairs. Thus, Iran’s law has provided for certain establishments as to servethe purpose including custodianship, administration [of will] andguardianship. Save the above, to guarantee the interest of incompetents arefurther protected, the law has designated the Prosecuting Attorney with theduty to oversee the actions taken by the above three delegates, as the casemay be, taking necessary measures where required. The founding of nonejudicial protective service organizations such as State Welfare Organization[Sazman Behzisti], Protective Service Committee [Komite Emdad] andMartyre Foundation [Bonyad Shahid] has led to most of the protective dutiesoriginally entrusted with the Prosecuting Attorney be practically carried outby the said organizations, thereby giving rise to the need addressed by thisarticle to study and discuss the interference of such duties and the conflictbetween their functionality
