Volume 27, Issue 99 (fall 2022)
__Judicial Law Views __2012__, 27(__59__): __224256 |
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MirzaNejad Jouybari A, Shirvani zadeh Arani H. Prohibiting the imposition of a third party as a party to the contract in the Iranian and English legal systems. دیدگاههای حقوقی 2022; 27 (99) :235-256
URL: http://jlviews2.ujsas.ac.ir/article-1-2057-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2057-en.html
1- Institute for Management and Planning Studies (IMPS)
2- MFA , hshirvany85@gmail.com
2- MFA , hshirvany85@gmail.com
Abstract: (299 Views)
In Iranian and English law -relying on numerous legal bases especially the privity of contracts and scattered articles of the law- the rule is prohibiting the imposition of a third party as the new party to the contract; This means that after the conclusion of the contract, the parties can refuse the unwanted encounter with a person other than the Primary party at the time of the conclusion of the contract, but its dimensions and components face many ambiguities and questions. The most important question is what are the principles and rules of these two legal systems, how they prohibit the imposition of a third party as a party to the contract, and what are their commonalities and differences? In this research by Studying the Doctrine and judicial decisions in a descriptive-analytical manner, we found despite the acceptance of the Prohibition’s rule in both systems, there are serious distinctions in its implementation. While Iranian law essentially denies the acceptance of a third party as a party to the contract without the consent of the other party, the British legal system tries to prevent the elimination of the previous party and allows a third party to be present in the contract and in fact, puts the third party next to the previous contracting party.
Keywords: ", third parties", ", contractual freedom", ", Principle of Voluntarism", ", substitution", ", prohibition of imposition"
Type of Study: Research |
Subject:
Pivate Law
Received: 2021/07/13 | Revised: 2023/01/25 | Accepted: 2022/10/29 | Published: 2023/01/25 | ePublished: 2023/01/25
Received: 2021/07/13 | Revised: 2023/01/25 | Accepted: 2022/10/29 | Published: 2023/01/25 | ePublished: 2023/01/25
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