Inspecting the Lien Credit Evaluating of the Efficiency of Lien Regard to Its Executional Domain

Document Type : Original Article

Authors

1 PhD student of Private Law at Razavi University

2 Professor at Shahid Beheshti University

3 Associated professor at Razavi University

4 Assistant professor at Razavi University

Abstract

Iran civil law has predicted some guarantees for preventing the contractual obligation breaching. this guarantees divides into two section: legal and contractual. the Iranian doctrine of civil law has recognized the lien as one of the legal guarantees. the main question of this research is that whether the lien can does its function as legal guarantee of contractual obligation breaching or not? with presenting the, mail characteristics of desired guarantee and with studying of executional domain of lien institute. this result can be induced that lien not only hasn’t some of the main characteristics of a desired contractual guarantees, but also its domain has restricted to some of contracts and in some of other contracts is recognized as a unilateral right, data shows that lien isn’t one of public rules of contracts and is assumed an exceptional and inefficient institution as a contractual guarantee. In this research the proposed question is analyzed and inferred through the sociology of law.
 

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