An Analysis of Suspension in Cancellation of Contract in Imāmī Jurisprudence and French Law

Journal Title: فقه و اصول - Year 2009, Vol 41, Issue 82

Abstract

Despite the claimed consensus concerning the cancellation of suspension in signing a contract, certain suspended institutions (established laws) can be found in Imāmī jurisprudence, which are very similar to "suspension in cancellation of commitment" in French law. In one respect, the source of Iranian civil law in commitments section has been Imāmī jurisprudence and French civil law, but this legal institution is missing here. Thereby, the question arises as to whether suspension in cancellation of commitment is included in the above-mentioned consensus and is not compatible to the Iranian law, hence not being explicitly accepted; or, for complementing the law, such legal institutions can be considered as out of consensus with regard to some jurisprudential establishments and accepted in Iranian law, too. Using the comparative study, this article is addressing suspension in cancellation of contract and its effects.

Authors and Affiliations

‘AlīRiḍā YazdāNiāN

Keywords

Related Articles

Semantics of Refinement of the Basis of a Ruling, Comparison with Similar Concepts and its Methodology

Refinement of the basis of a ruling (tanqīḥ al-manāṭ) is one of the rules of principles of jurisprudence, which is applied to the process of inference and for achieving the basis of a ruling (manāṭ). In general, it is a...

Who are the Akhbāris?

Akhbārism is one of the most important Shiite jurisprudential schools. It prevailed from the early eleventh century for about two hundred years as the mainstream in some jurisprudence arenas. In a number of jurisprudenti...

The Impact of Obligation to Assignment of Ownership (Tamlīk) in Imāmī Jurisprudence and Iranian Law

In ordinary cases, the object of transaction in such contracts as sale (bay‘) and lease (ijāra) has financcial value like property (‘ayn) or profit, or physical action. However, whether obligation to performing an action...

Evidence of Intellect and its Status in the Legal Attitude (Sīra) of Muḥaqqiq Ardabīlī

Given the importance of the evidence of intellect (dalīl-i ‘aql) in inferring legal rulings, especially in new issues, examining the evidence of intellect would help a better use of the evidence of intellect. Examining t...

The Sacred and Dishonoring it in Iranian Penal Code

Belief in the sacred is traced back to an age as old as the human society. From the beginning of the formation of primitive societies, belief in the sacred has existed. The sacred (or the holy things and beings), is a te...

Download PDF file
  • EP ID EP183004
  • DOI 10.22067/fiqh.v0i0.3153
  • Views 138
  • Downloads 0

How To Cite

‘AlīRiḍā YazdāNiāN (2009). An Analysis of Suspension in Cancellation of Contract in Imāmī Jurisprudence and French Law. فقه و اصول, 41(82), 205-232. https://europub.co.uk/articles/-A-183004