Ali Taghizadeh; Sajjad Yavari
Abstract
< p >AbstractIn this study, attempts were made to understand the views of the two legal systems of Iran and the European Union on the revocation and feasibility of it in the donation. The purpose of this study, while familiarizing with the draft EU civil law, was to examine the comparative approach ...
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< p >AbstractIn this study, attempts were made to understand the views of the two legal systems of Iran and the European Union on the revocation and feasibility of it in the donation. The purpose of this study, while familiarizing with the draft EU civil law, was to examine the comparative approach of the revocation and the effects of it in two systems. Finally, while suggesting an opinion on the Iranian and European legislature''s approach and its cases, we have achieved the result that, despite the similarity in the target, Due to the acceptance of the principle of the ability to revocation, the Iranian legislators have made exceptions to the impossibility of revocation; While in the EU law, due to adopting a non-revocation approach, the cases of revocation have been established somewhat limited but reasonable including: Ingratitude, Impoverishment and Change of essential circumstances of the time of concluding the contract after the hangover. This comparative approach to the subject has been widespread in the field of action and opinion and, while imparting the minds of the Iranian legislator, can fill some legal vacuum or bring about a reform of the law.Keywords:Revocation, Donation, Donor, Donee, Dcfr.
ali taghizade; amirpouya rashidi
Abstract
For the first time in the history of Iranian law, the Family Court in Wright as a special court was created by virtue of Family Protection Act of 19/02/2013. It should be noted that the drafting and approval of clear and unambiguous rules are necessary as much as the creation of such a court. One ...
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For the first time in the history of Iranian law, the Family Court in Wright as a special court was created by virtue of Family Protection Act of 19/02/2013. It should be noted that the drafting and approval of clear and unambiguous rules are necessary as much as the creation of such a court. One of the most important issues in this regard is the inherent jurisdiction of the Family Court as an exclusive court, and hence the legislator has a duty to set up clear and effective rules accordingly. However, the legislator has not taken an appropriate approach in this regard, since on the one hand, the scope of the jurisdiction of this court contains a number of issues not relating to family affairs, and on the other, important family issues have not been considered within the jurisdiction of the Court. This article has found that the method of verbal interpretation does not propose a solution to this problem. Therefore, by considering that the process of law reform is time-consuming and could lead to uncertainties, this article seeks a solution for the interpretation of hermeneutics in order to clarify the suitability of family law.
