Retention of permission in the civil partnership contract

Document Type : Original Article

Authors

1 Department of Law, Faculty of Humanities, Azad University, Qaimshahr Branch, Qaimshahr, Iran

2 Department of Law

3 Faculty of Islamic Azad University, Qaimshahr branch

Abstract

One of the characteristics of the civil partnership contract is the division of the property of the partners with an independent identity from the owners, so it is related to the laws of permissibility. As a result of mandatory or voluntary revocation of permission, a sudden stop of economic interactions occurs, one of the most harmful results of which is the loss of partnership property interests during the indefinite suspension period. There is a possibility of untimely and harmful liquidation in this matter. The solution of some scholars of jurisprudence and law regarding the duality of the civil partnership contract, i.e. the obligation of exchange and the permission of attorney in possession. , cannot reduce harmful effects. In this research, it is shown by library-analytical method. On the one hand, civil partnership is necessary, and on the other hand, there is a possibility of obvious contradiction between the effects of the partnership contract and the legal principles and rules, especially the harmless rule. And it is in conflict with economic productivity. In order to curb these destructive consequences and increase satisfaction, it is suggested that if the forced or voluntary termination of permission leads to the loss of the benefit and loss of the common property, action should be taken to remove the loss. Based on the rule of no loss and the condition of favorable use of common property and the principle of survival of the contract, the contract continues.

Keywords

Main Subjects

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 28 September 2024

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