Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 1043-1065 |
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Dolati T S, Andarz D, Amirzadeh Jir Keli M. Transmission of debt in the Iranian legal system and the principles of European contracts in the light of soft law. MLJ 2021; 15 :1043-1065
URL: http://ijmedicallaw.ir/article-1-1465-en.html
URL: http://ijmedicallaw.ir/article-1-1465-en.html
1- Torbat Heydariyeh Branch, Islamic Azad University, Torbat Heydariyeh, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Torbat Heydariyeh Branch, Islamic Azad University, Torbat Heydariyeh, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Torbat Heydariyeh Branch, Islamic Azad University, Torbat Heydariyeh, Iran
Abstract:
Background and Aim: The issue of transfer is of great importance with the expansion of relations in the field of international trade and the need to increase the speed of exchanges. On the other hand, in the field of contracts, which is most used in the field of international relations and trade, conflicts and disagreements are less than in other branches of law. One of the important issues in this field is transference. The purpose of this study is to investigate the degree of compliance of the concept of transfer in the Iranian legal system with this concept within the framework of the principles of European contracts.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: The findings of the present study show that the regulatory vacuum in the Iranian legal system in relation to transfer seekers is strongly felt. On the other hand, the principles of European contracts, by resorting to the mechanism of soft law (non-binding law), have provided a framework in relation to the transferee.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The framework of the principles of European treaties relating to transferability is, firstly, relatively flexible, and this flexibility is such that the common law systems of Rome and Germany-Rome are digestible and acceptable; Secondly, the framework presented in the principles of European treaties is not in conflict or even in conflict with the principles and rules of Imami jurisprudence as the main basis of the Iranian legal system And the Iranian legislature can use this framework to reform and adapt the domestic legal system to the needs of the field of contracts and obligations.
Cite this article as: Dolati TS, Andarz D, Amirzadeh Jir Keli M. Transmission of debt in the Iranian legal system and the principles of European contracts in the light of soft law. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: The findings of the present study show that the regulatory vacuum in the Iranian legal system in relation to transfer seekers is strongly felt. On the other hand, the principles of European contracts, by resorting to the mechanism of soft law (non-binding law), have provided a framework in relation to the transferee.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The framework of the principles of European treaties relating to transferability is, firstly, relatively flexible, and this flexibility is such that the common law systems of Rome and Germany-Rome are digestible and acceptable; Secondly, the framework presented in the principles of European treaties is not in conflict or even in conflict with the principles and rules of Imami jurisprudence as the main basis of the Iranian legal system And the Iranian legislature can use this framework to reform and adapt the domestic legal system to the needs of the field of contracts and obligations.
Cite this article as: Dolati TS, Andarz D, Amirzadeh Jir Keli M. Transmission of debt in the Iranian legal system and the principles of European contracts in the light of soft law. Medical Law Journal 2021; Legal Innovation.
Keywords: Principles of Contracts, Soft Law, Law of Obligations, Transmission of Debt, Iranian Legal System, European Legal System
Type of Study: Original Article |
Received: 2021/08/3 | Accepted: 2021/11/22
Received: 2021/08/3 | Accepted: 2021/11/22
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