Volume 14 - Special Issue on Human Rights and Citizenship Rights
MLJ 2020, 14 - Special Issue on Human Rights and Citizenship Rights: 449-459 |
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Borji H, Ghasemi Hamed A. Legal Formalism Approach to the Abortion of Commitments: Conditions and Musts. MLJ 2020; 14 :449-459
URL: http://ijmedicallaw.ir/article-1-1177-en.html
URL: http://ijmedicallaw.ir/article-1-1177-en.html
1- Faculty of Humanities, Abhar Branch, Islamic Azad University, Abhar, Iran
2- Department of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
2- Department of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract:
Background and Aim: The legal obligations include legal relations between the individuals and, in case of the existence of obligation; they are realized as commitments to be fulfilled and, in case of their being annulled, they are termed the aborted commitments. From this perspective, legal obligations are found different in various schools of law and the present study seeks investigating the legal formalism approach in the area of the commitments’ abortion.
Materials and Methods: The study makes use of a descriptive-analytical method based on research in books, articles and legal perspectives. Thus, documentary and library research is the information gathering method of choice herein.
Findings: Article 264 of the civil law has investigated the commitments’ abortion in various ways that incorporate fulfillment of the promise, rescission and relinquishment of claim, transformation of commitment, barter and regaining of the promised thing. Keeping of the promise is the most ordinary method for the abortion of commitment; rescission, as well, is the very revocation or the dissolving of the transaction by reaching an agreement; relinquishment of the claim includes the obligee’s withdrawal of his or her rights without receiving anything in exchange; commitment transformation is the replacement of a prior commitment by a new one; barter, as well, is the parties’ becoming of equally committed to one another; regaining of the promised thing, as well, is taking possession of what an individual has been committed to its procurement.
Conclusion: In the light of the legal formalism approach and the fuzzy logic governing the relations between the individuals obeying the laws and most primarily, the legal norms, the means of the commitments’ abortion as well as the article 264 of the civil law have been designed and approved within the format of a whole featuring logical order.
Please cite this article as: Borji H, Ghasemi Hamed A. Legal Formalism Approach to the Abortion of Commitments: Conditions and Musts. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 449-459.
Materials and Methods: The study makes use of a descriptive-analytical method based on research in books, articles and legal perspectives. Thus, documentary and library research is the information gathering method of choice herein.
Findings: Article 264 of the civil law has investigated the commitments’ abortion in various ways that incorporate fulfillment of the promise, rescission and relinquishment of claim, transformation of commitment, barter and regaining of the promised thing. Keeping of the promise is the most ordinary method for the abortion of commitment; rescission, as well, is the very revocation or the dissolving of the transaction by reaching an agreement; relinquishment of the claim includes the obligee’s withdrawal of his or her rights without receiving anything in exchange; commitment transformation is the replacement of a prior commitment by a new one; barter, as well, is the parties’ becoming of equally committed to one another; regaining of the promised thing, as well, is taking possession of what an individual has been committed to its procurement.
Conclusion: In the light of the legal formalism approach and the fuzzy logic governing the relations between the individuals obeying the laws and most primarily, the legal norms, the means of the commitments’ abortion as well as the article 264 of the civil law have been designed and approved within the format of a whole featuring logical order.
Please cite this article as: Borji H, Ghasemi Hamed A. Legal Formalism Approach to the Abortion of Commitments: Conditions and Musts. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 449-459.
Type of Study: Original Article |
Received: 2020/04/8 | Accepted: 2020/08/5
Received: 2020/04/8 | Accepted: 2020/08/5
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