Civil Jurisprudence Doctrines

Merger is a process lead to dissolution of company without liquidation by combination of a company with an existing company or creating a new company by combination of two or more companies. ... Read More

Research Article

Impact of Awarding Insolvency of a Person on Consideration Transaction in Iranian Law

Alireza Fasihizadeh; Omid Hafizi; Mahmood Jalali; Morteza Tabibi

Volume 11, Issue 19 , January 0, Pages 33-60

Abstract

There is no consensus among legal writers about the effect of bankruptcy of one party on the fate of the contract. Some consider it to be the reason for the annulment of the contract. ... Read More

Research Article

Rational Considerations in the Analysis of the Basis of Legal Personality

Qasem Nakhaeipour; Muhammad Ali Saeidi

Volume 11, Issue 19 , January 0, Pages 61-90

Abstract

Consideration of the legal personality for legal persons is accepted by rational men and many contemporary jurisprudents, but what is disputable among them is that on which basis has ... Read More

Research Article

The Juridical-Legal Bases of Option Which Is Derived from Breakdown of the Contractual Obligation and Its Functions

Ahmad Mortazi

Volume 11, Issue 19 , January 0, Pages 91-118

Abstract

One of the issues that have been discussed in jurisprudential and legal books is the option which is resulted from the breakdown of the contract, which Iran’s civil code has also ... Read More

Research Article

The Theory of Legal Event of the Nature of Ratification in Jurisprudence and Law of Iran

Seyyed Abulqasem Naqibi; Elham Maghzi Najafabadi

Volume 11, Issue 19 , January 0, Pages 119-138

https://doi.org/10.30513/cjd.2019.13

Abstract

Ineffective contract, which is a kind of invalid contract, is a contract that has a legal inadequate entity and becomes valid and authentic by subsequent ratification and creates all ... Read More

Research Article

Jurisprudential and Legal Analysis of the Terminator’s Condition in Contract of the Endowment

Seyyed Mahdi Quraishi; Muhammad Hasan Javadi; Hamed Rahmani

Volume 11, Issue 19 , January 0, Pages 139-162

Abstract

There is no specific comment in jurisprudence regarding the validity or voidness of the endowment that is conditioned by the terminator, but the jurists have provided different opinions ... Read More

Research Article

Reviewing the Quality of the Conclusion of the Contract of Assignment (with the Critique of Article 725 of the Civil Code)

Mohsen Mahdiyan; Ahmad Bagheri

Volume 11, Issue 19 , January 0, Pages 163-188

Abstract

The contract of assignment is one of the covenant contracts that its effect is the transfer of the liability from assigner to the assignee. However, unlike the contract of guarantee, ... Read More The contract of assignment is one of the covenant contracts that its effect is the transfer of the liability from assigner to the assignee. However, unlike the contract of guarantee, there is not much difference between jurisprudents about contract of Assignment that it is transfer of the liability, there are many differences in the components of this contract and how it is concluded. Some believe that it is composed of one offer and two acceptances. Another group thinks that concluding of assignment as an exempt is different from assignment as an indebted. The third group, without distinguishing the acceptance, believes that the consent of all three sides of the assignment is effective in concluding. Presuming the side of offer who is assignor, the legislator that is also affected by this difference of the jurisprudents, in Article 725 says that the consent of the creditor and the acceptance of the assignee as the other party of the contract is effective in concluding of the assignment. Based on the findings of this research, the assignor and creditor are the pillars of the contract and the assignment in its all forms is realized with the assignor’s offer and creditor’s acceptance. With the difference that in assigning to an exempt and an indebted in the case of assigning with other thing that the assignor deserve, the consent of the assignee is required. In the sense that he does not interfere with the realization of the assignment and its conclusion, but the influence and necessity of the contract are based on his consent, which can be expressed simultaneously with the contract, or before it, or after its concluding. In these two assumptions, the assignment is realized with the assignor’s offer creditor’s acceptance and becomes integral with the consent of assignee. Accordingly, the contract of assignment is not consists of an offer and two acceptances, or an offer and two consents, or three consents, but it is like the unauthorized contract that from concluding to its establishment is the result of one offer, one acceptance and one consent.

Research Article

Criticizing the Theory of the Exchanging Nature of Wife’s Alimony

Morteza Hajipour; Asghar Zirak Barooghi

Volume 11, Issue 19 , January 0, Pages 189-212

Abstract

Although one of the definite legal rights of the wife is alimony, when she is in a state of disobedience, she will not have the right to receive it. The lack of eligibility of a wife ... Read More

Research Article

Investigating the Rules of Control over Property and Principle of no Harm in Interaction of Military Garrisons with Adjoining Real Estate

Jamal Nikkar; Mahmoud Emami Namini

Volume 11, Issue 19 , January 0, Pages 213-240

Abstract

The exercise of the right to property in Iran’s law is subject to criteria and conditions that have expressed in Article 132 of the Civil Code. According to this article, if the ... Read More

Research Article

Doubt in the Transaction

Alireza Alipanah; Abbas Majedi

Volume 11, Issue 19 , January 0, Pages 241-270

Abstract

“Doubt in the transaction” occurs when the definite conclusion of the two parties of the transaction concern to uncertain parts of two or more than to things. The majority ... Read More

Research Article

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

Mostafa Shahbazi; Abbas Ghasemi Hamed; Moshsen Jahangiri; Reza Haghpanah

Volume 11, Issue 19 , January 0, Pages 271-296

https://doi.org/10.30513/cjd.2019.19

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 ... Read More

Research Article

Evaluation of the Jurisprudential Principles of Civil Responsibility

Hussein Hooshmand Firoozabadi

Volume 11, Issue 19 , January 0, Pages 297-328

https://doi.org/10.30513/cjd.2019.20

Abstract

The two jurisprudential principles that proposed as the basis of civil responsibility are: customary invoking of the harm to the damaging and respecting of victim. The question is, ... Read More

Volume 17 (2025)

Volume 16 (2024)

Volume 15 (2023)

Volume 14 (2022)

Volume 13 (2021)

Volume 12 (2020)

Volume 11 (2018-2019)

Volume 10 (2017-2018)

Volume 9 (2016-2017)

Volume 8 (2015-2016)

Volume 7 (2014-2015)

Volume 6 (2013-2014)

Volume 5 (2012-2013)

Volume 4 (2011-2012)

Volume 3 (2010-2011)

Volume 2 (2009-2010)

Volume 1 (2008-2009)

Volume & Issue: Volume 11, Issue 19, January 0, Pages 1-350

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