نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی دکتری فقه و حقوق خصوصی، فقه و حقوق خصوصی، حقوق، شهید مطهری، تهران، ایران.
2 استاد، فقه و حقوق خصوصی، حقوق، شهید مطهری، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Related contracts are new legal phenomena that entered the world of law in line with the economic needs of individuals, in the laws of countries such as France and in light of the theories of legal doctrine and judicial practice, and in the jurisprudence and legal system of Iran, the aforementioned contract has not been explained and nothing can be found except for brief cases. Defining the aforementioned contracts by using foreign law and explaining the nature of this category of contracts is important for solving some important issues of this category of contracts and provides an important role in analyzing the rules related to these contracts. In the present article; using a descriptive-analytical method, while defining the aforementioned contracts, in terms of the existence of two or more contracts and the similarity of this legal entity with a compound contract in Iranian law, while analyzing the nature of related contracts, we presented a new analysis of the compound contract in Iranian law. Although in both entities, we are faced with a combination of contracts; However, in related contracts, two or more contracts are related and dependent on each other simply because they are all concluded in order to achieve a single goal. Therefore, each contract maintains its nature and identity. However, in a compound contract, the combination of contracts with each other creates a new nature and a composite of the constituent contracts, and therefore, it is not possible to maintain the identity of each contract alone.
کلیدواژهها [English]
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