Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 387-400 |
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Mirnaghizadeh M, Pashazadeh H, Masoudi N, Lotfi A R. Obtaining the Daily Price in Nosy Transactions from the Perspective of Balance Theory, with a Comparative Study in Iranian Contract
Law and International Documents. MLJ 2022; 16 :387-400
URL: http://ijmedicallaw.ir/article-1-1625-en.html
URL: http://ijmedicallaw.ir/article-1-1625-en.html
1- Department of Private Law, East Azerbaijan Science and Research Campus, Islamic Azad University, Tabriz, Iran.
2- Department of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
3- Department of Jurisprudence and Law, Khoi Branch, Islamic Azad University, Khoi, Iran.
2- Department of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
3- Department of Jurisprudence and Law, Khoi Branch, Islamic Azad University, Khoi, Iran.
Abstract:
Background and Aim: A fiduciary sale is a sale that, despite all the conditions of the sale contract, lacks ownership and the seller does not own the goods she sells and is not authorized by the law, in Iran's law, a fiddling contract is considered as an exception to the principle of relative effect of contracts. Because in this type of contract, there is a transaction between a voyeur and an authentic one, the main effect of which appears in another property, but despite this voyeuristic transaction, it is recognized as a valid and non-enforceable contract, In the international documents, the lawyers of this legal system were strongly opposed to any changes after the conclusion of the contract and believed that the contract should be executed by the obligee in any state it is in.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and article.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respecte.
Results: The legal and jurisprudential rules and principles of Iran, but is in full compliance with the principles It is like Asala al-Baqa, the negation of difficulty and harm, etc. Finally, by approving articles in the law, it is possible to predict the limits of the court's authority in judicial adjustment, and in this way, any kind of obstacle regarding the acceptance of this judicial solution can be removed.
Conclusion: The research done in this article showed In Iranian law, despite the controversies that exist in examining the possibility or impossibility of accepting judicial adjustment, but the effectiveness of judicial adjustment of the contract in some cases and the effect of the remaining contract on the relations of the parties is undeniable.
Please cite this article as:
Mirnaghizadeh M, Pashazadeh H, Masoudi N, Lotfi AR. Obtaining the Daily Price in Nosy Transactions from the Perspective of Balance Theory, with a Comparative Study in Iranian Contract Law and International Documents. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e27.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and article.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respecte.
Results: The legal and jurisprudential rules and principles of Iran, but is in full compliance with the principles It is like Asala al-Baqa, the negation of difficulty and harm, etc. Finally, by approving articles in the law, it is possible to predict the limits of the court's authority in judicial adjustment, and in this way, any kind of obstacle regarding the acceptance of this judicial solution can be removed.
Conclusion: The research done in this article showed In Iranian law, despite the controversies that exist in examining the possibility or impossibility of accepting judicial adjustment, but the effectiveness of judicial adjustment of the contract in some cases and the effect of the remaining contract on the relations of the parties is undeniable.
Please cite this article as:
Mirnaghizadeh M, Pashazadeh H, Masoudi N, Lotfi AR. Obtaining the Daily Price in Nosy Transactions from the Perspective of Balance Theory, with a Comparative Study in Iranian Contract Law and International Documents. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e27.
Keywords: International Documents, Contract Adjustment, Daily Price Receipt, Contractual Rights, Nosy Transactions
Type of Study: Original Article |
Received: 2023/03/18 | Accepted: 2023/06/27
Received: 2023/03/18 | Accepted: 2023/06/27
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