Volume 25, Issue 92 (winter 2021)
__Judicial Law Views __2012__, 25(__59__): __224197 |
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seifi G, sharifi H, bahrampoori R. Separability of Obligations in Iranian Law and Ja'afari Jurisprudence. دیدگاههای حقوقی 2021; 25 (92) :179-197
URL: http://jlviews2.ujsas.ac.ir/article-1-973-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-973-en.html
1- beheshti university , A_seifi@sbu.ac.ir
2- beheshti univesity
3- tahran university
2- beheshti univesity
3- tahran university
Abstract: (1263 Views)
Although the principle of separability of obligations is not mentioned explicitly in the civil code, many cases of its application in the civil code leaves no doubt about the authenticity of separability of obligations. Interpretation of intention, induction in civil code and some regulations about right of rescission prove separability principle in the Iranian civil code, and when invalidity, ineffectiveness or termination of part of an obligation occur, according to the Separability principle, the invalidity, ineffectiveness or termination will be effective only in that part and the other parts of the obligation remain valid.
separability of obligations occurs in regarding to subject of obligation, plurality of parties and source of obligation (contract and condition) and in some cases as inseparatable nature of subject of obligation or explicit agreement by the parties about inseparability of subject of obligation or joint and several liability, obligation separate is impossible and these cases considered as exceptions to principle of separability of obligations. This article attempts to clarify principle of separability of obligations position, scope and exceptions by research in Shiite jurisprudents point of view and induction in Iranian civil code in compare with modern French civil code (In accordance with the reforms 2016).
separability of obligations occurs in regarding to subject of obligation, plurality of parties and source of obligation (contract and condition) and in some cases as inseparatable nature of subject of obligation or explicit agreement by the parties about inseparability of subject of obligation or joint and several liability, obligation separate is impossible and these cases considered as exceptions to principle of separability of obligations. This article attempts to clarify principle of separability of obligations position, scope and exceptions by research in Shiite jurisprudents point of view and induction in Iranian civil code in compare with modern French civil code (In accordance with the reforms 2016).
Type of Study: Applicable Research |
Subject:
Pivate Law
Received: 2017/03/02 | Revised: 2022/12/28 | Accepted: 2019/07/09 | Published: 2021/01/04 | ePublished: 2021/01/04
Received: 2017/03/02 | Revised: 2022/12/28 | Accepted: 2019/07/09 | Published: 2021/01/04 | ePublished: 2021/01/04
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