Review of the Book Advanced Civil Law-Analytical the Conditions Included in the Contract

One of the most important issues in civil law is the issue of “Conditions in the contract”. The condition here is a sub-agreement in addition to the main contract, and such a condition is by nature a legal act. In the Iranian Civil Code, the provisions regarding the condition are stated in Articles...

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Main Author: Ali Abbas Hayati
Format: Article
Language:fas
Published: Institute for Humanities and Cultural Studies (IHCS) 2021-01-01
Series:پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
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Online Access:https://criticalstudy.ihcs.ac.ir/article_6008_0adf7499d03357147f8ccca3990ec61a.pdf
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author Ali Abbas Hayati
author_facet Ali Abbas Hayati
author_sort Ali Abbas Hayati
collection DOAJ
description One of the most important issues in civil law is the issue of “Conditions in the contract”. The condition here is a sub-agreement in addition to the main contract, and such a condition is by nature a legal act. In the Iranian Civil Code, the provisions regarding the condition are stated in Articles 232 to 246. The source of inspiration for the provisions of this law is the French civil law and the books of Imami jurists. Nevertheless, because in the French civil law, an independent and coherent issue is not assigned to the conditions, the legislator has adapted all the rulings regarding the conditions from the books of Imami jurists. Therefore, to fully understand it, you should refer to these books. The book, entitled Advanced Civil Law - Analytical the Conditions in the Contract, written by Hassan Rahpik has dealt with this issue. Although this valuable book contains significant analysis and to some extent has been able to present the subject in a correct and understandable way, its critical review, both in terms of form and content, reveals some of its shortcomings and inadequacies. Therefore, it can be useful in future reforms if these suggestions aretaken into account.
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series پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
spelling doaj-art-416a3948b46945f7886fac7e73808a542025-01-08T05:46:24ZfasInstitute for Humanities and Cultural Studies (IHCS)پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی2383-16502021-01-01201118920710.30465/crtls.2020.31427.18806008Review of the Book Advanced Civil Law-Analytical the Conditions Included in the ContractAli Abbas Hayati0Assistant Professor, PhD in Private Law, Razi University, Kermanshah, IranOne of the most important issues in civil law is the issue of “Conditions in the contract”. The condition here is a sub-agreement in addition to the main contract, and such a condition is by nature a legal act. In the Iranian Civil Code, the provisions regarding the condition are stated in Articles 232 to 246. The source of inspiration for the provisions of this law is the French civil law and the books of Imami jurists. Nevertheless, because in the French civil law, an independent and coherent issue is not assigned to the conditions, the legislator has adapted all the rulings regarding the conditions from the books of Imami jurists. Therefore, to fully understand it, you should refer to these books. The book, entitled Advanced Civil Law - Analytical the Conditions in the Contract, written by Hassan Rahpik has dealt with this issue. Although this valuable book contains significant analysis and to some extent has been able to present the subject in a correct and understandable way, its critical review, both in terms of form and content, reveals some of its shortcomings and inadequacies. Therefore, it can be useful in future reforms if these suggestions aretaken into account.https://criticalstudy.ihcs.ac.ir/article_6008_0adf7499d03357147f8ccca3990ec61a.pdfconditionconditions in the contractbasic conditionadditional conditionimplicit condition
spellingShingle Ali Abbas Hayati
Review of the Book Advanced Civil Law-Analytical the Conditions Included in the Contract
پژوهش‌نامۀ انتقادی متون و برنامه‌های علوم انسانی
condition
conditions in the contract
basic condition
additional condition
implicit condition
title Review of the Book Advanced Civil Law-Analytical the Conditions Included in the Contract
title_full Review of the Book Advanced Civil Law-Analytical the Conditions Included in the Contract
title_fullStr Review of the Book Advanced Civil Law-Analytical the Conditions Included in the Contract
title_full_unstemmed Review of the Book Advanced Civil Law-Analytical the Conditions Included in the Contract
title_short Review of the Book Advanced Civil Law-Analytical the Conditions Included in the Contract
title_sort review of the book advanced civil law analytical the conditions included in the contract
topic condition
conditions in the contract
basic condition
additional condition
implicit condition
url https://criticalstudy.ihcs.ac.ir/article_6008_0adf7499d03357147f8ccca3990ec61a.pdf
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