A Comparative Study of Refusal to Accept Rights in Iranian Law, Imamiyyah Jurisprudence and Principles of European Contract Law
Amir Sadeghi Neshat (Associate professor at the University of Tehran) The refusal of the acceptance a right occurs when one party or a third party in a contractual or non-contractual relationship wants to surrender the right to the other party but the other party refuses to accept it except in legal...
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| Format: | Article |
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Razavi University of Islamic Sciences
2020-06-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_634_7256a60f212f55f6d4859bcf52e9531a.pdf |
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| author | Seyed Mahdi Mousavi Amir Sadeghi Neshat |
| author_facet | Seyed Mahdi Mousavi Amir Sadeghi Neshat |
| author_sort | Seyed Mahdi Mousavi |
| collection | DOAJ |
| description | Amir Sadeghi Neshat (Associate professor at the University of Tehran)
The refusal of the acceptance a right occurs when one party or a third party in a contractual or non-contractual relationship wants to surrender the right to the other party but the other party refuses to accept it except in legal cases, so legislators to protect the other party, that confronted with the refusal of the other party, offering solutions to compensate for his/her losses (damages). In this study, we consider the solutions presented against the refusal to accept the right in Imamiyyah jurisprudence, the Iranian legal system and the principles of European contract law, and by explaining these issues, the similarities and differences of the solutions presented in these three legal systems are studied. The examination of the rules provided for in these three legal systems shows that Imamiyyah jurisprudence and the principles of European contract law tend to apply to self-help sales (non-judicial) institutions, but in the Iranian legal system, reference to the judiciary is accepted as a principle. |
| format | Article |
| id | doaj-art-0a17e273e76f47ffabe26595f3b071f1 |
| institution | Kabale University |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2020-06-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-0a17e273e76f47ffabe26595f3b071f12025-08-20T03:58:36ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902020-06-011221191220634A Comparative Study of Refusal to Accept Rights in Iranian Law, Imamiyyah Jurisprudence and Principles of European Contract LawSeyed Mahdi Mousavi0Amir Sadeghi Neshat1MA of Private LawAssociate professor at the University of TehranAmir Sadeghi Neshat (Associate professor at the University of Tehran) The refusal of the acceptance a right occurs when one party or a third party in a contractual or non-contractual relationship wants to surrender the right to the other party but the other party refuses to accept it except in legal cases, so legislators to protect the other party, that confronted with the refusal of the other party, offering solutions to compensate for his/her losses (damages). In this study, we consider the solutions presented against the refusal to accept the right in Imamiyyah jurisprudence, the Iranian legal system and the principles of European contract law, and by explaining these issues, the similarities and differences of the solutions presented in these three legal systems are studied. The examination of the rules provided for in these three legal systems shows that Imamiyyah jurisprudence and the principles of European contract law tend to apply to self-help sales (non-judicial) institutions, but in the Iranian legal system, reference to the judiciary is accepted as a principle.https://cjd.razavi.ac.ir/article_634_7256a60f212f55f6d4859bcf52e9531a.pdfrefusalright acceptancehanding over or maintaining of refused propertyself-help sales |
| spellingShingle | Seyed Mahdi Mousavi Amir Sadeghi Neshat A Comparative Study of Refusal to Accept Rights in Iranian Law, Imamiyyah Jurisprudence and Principles of European Contract Law آموزههای فقه مدني refusal right acceptance handing over or maintaining of refused property self-help sales |
| title | A Comparative Study of Refusal to Accept Rights in Iranian Law, Imamiyyah Jurisprudence and Principles of European Contract Law |
| title_full | A Comparative Study of Refusal to Accept Rights in Iranian Law, Imamiyyah Jurisprudence and Principles of European Contract Law |
| title_fullStr | A Comparative Study of Refusal to Accept Rights in Iranian Law, Imamiyyah Jurisprudence and Principles of European Contract Law |
| title_full_unstemmed | A Comparative Study of Refusal to Accept Rights in Iranian Law, Imamiyyah Jurisprudence and Principles of European Contract Law |
| title_short | A Comparative Study of Refusal to Accept Rights in Iranian Law, Imamiyyah Jurisprudence and Principles of European Contract Law |
| title_sort | comparative study of refusal to accept rights in iranian law imamiyyah jurisprudence and principles of european contract law |
| topic | refusal right acceptance handing over or maintaining of refused property self-help sales |
| url | https://cjd.razavi.ac.ir/article_634_7256a60f212f55f6d4859bcf52e9531a.pdf |
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