Private Law
Ali Asgaritavani; Hasan Mohseni; mohammad ali mahdavi sabet; Mansoor Amini
Abstract
The enactment of the Code of Criminal Procedure in 2014, following the 1999 law that considered general courts, raised the question of what the consequences would be for the separation of legal and criminal authorities. One of these effects is the influence of the legal authority from the criminal due ...
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The enactment of the Code of Criminal Procedure in 2014, following the 1999 law that considered general courts, raised the question of what the consequences would be for the separation of legal and criminal authorities. One of these effects is the influence of the legal authority from the criminal due to the compliance of the legal authority with the criminal verdict. However, the question is "to what extent" and "in which condition"? In Article 18 of the Code of Criminal Procedure, the legislature only mentions the phrase "effective" criminal verdict on a law. While the phrase is not clear and should be analyzed by studying the elements of the criminal verdict. In this article, by mentioning the principles, characteristics, conditions and effects of the rule of validity of the final criminal case in civil law in the legal system of Iran and France, we explain the superiority of criminal law over civil law by mentioning the votes. Finally, we make the exception of the fact that the third party is the victim of the criminal verdict and the buyer of the property in the transaction intends to flee from the debt. The research method is based on a descriptive-analytical and applied method (judicial procedure). The main result is to prove the existence of the right of the third party affected by this rule.
Hossein Safaee; Mohsen Pourabdollah
Abstract
Contract of sale is the most important possessory contract which refers to the property transfer of an object of sale from seller to buyer. Third party claim regarding the ownership of an object of sale will undermine the effectiveness of the aforementioned rights. Regulations governing the Iranian law ...
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Contract of sale is the most important possessory contract which refers to the property transfer of an object of sale from seller to buyer. Third party claim regarding the ownership of an object of sale will undermine the effectiveness of the aforementioned rights. Regulations governing the Iranian law concerning meddle deals and defects warrantor implies that such claim will result in total cancellation of the contract of sale and the status will return to what was previously (i.e prior to conclusion of the agreement). Accordingly, it is essential to secure entire rights of the claim asserted by third party (owner), refund the original property (object of sale) to the party that possess it, and compensate for all the losses. The original buyer, however, can only request the price previously paid, expenses of judicial proceedings and the like, albeit with much less buying power and in case of ignorance that object of sale belonged to someone else. In fact, the current regulations are based on a supportive approach to the benefit of “owner”, so that rights of the original buyer are considered submissive to quality of the rights demanded by the owner; because nullification of the agreement between the dealers will hamper contractual claims of the seller against the buyer. In other words, the buyer can merely pursue the price previously paid and regain the former status. Therefore, the condition of “nullité partielle” of contract in such cases is similarly recognized in the Egyptian law that actually originates from the French version of law, based on which the contractual relationship between buyer and seller is distinguished from their relationship with the owner and its validity remains despite the nullity regarding the owner. Partial nullity (nullité partielle) can promote the supportive approach in benefit of the original bona fide buyer and become more compatible with the principles of justice and fairness.
Rabia Eskini; Delafrouz Behanm Farid
Abstract
Vast majority of lawyers believes that commission agreement has the legal nature of an agency. Notwithstanding, in view of the obvious differences between the said agreement and the agency contract, it is incorrect to describe commission in the light of agency contract. Therefore, the legal nature of ...
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Vast majority of lawyers believes that commission agreement has the legal nature of an agency. Notwithstanding, in view of the obvious differences between the said agreement and the agency contract, it is incorrect to describe commission in the light of agency contract. Therefore, the legal nature of the said agreement must be determined properly with respect to the essential attributes and elements of the said agreement. Contract of hire of persons, that has been fruitful in analysis and practice, may properly describe the nature of the said agreement, and make it compatible with the Iranian legal system.
Abdollah khodabakhshi
Abstract
A lot of claims in courts are directly or indirectly related to property transactions. In spite of the importance of these transactions and the legislator’s efforts to clarify the law, the procedure shows contradiction of decisions and uncertainty about the destiny of such transactions. In Iranian ...
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A lot of claims in courts are directly or indirectly related to property transactions. In spite of the importance of these transactions and the legislator’s efforts to clarify the law, the procedure shows contradiction of decisions and uncertainty about the destiny of such transactions. In Iranian legal procedure, the relative predictability of legal claims, a characteristic of organized legal systems, does not exist that much in claims regarding informal transactions of properties; the gap between legal and judicial approaches is also wide. A court thinks of voiding and another of enforcing it just as an ordinary contract. In such conditions, it is difficult to observe the rights of the claim parties and also the third party. We believe that the concept of “A ordinary contract not being demonstrative” can be a balanced guarantee for relationships among people. That means a contract being effective between the claim parties and not demonstrative with respect to third parties; unless the third party is aware of the contract. The current essay investigates this entity and its reflection in legal procedure.
Jamal Sahebi Zahabi
Abstract
Afteraverdictisissued, ithassomeeffects; ithasexeptiorei judicate; andsometimesbecomesenforceable; claimpartiesuseitsdemonstratingpower. Sometimestheeffectsareconfinedtothepartiesinvolvedandothertimestheyarenot. Theresultofthecourt’sjudgment, asalegalentitywhichisobtainedfollowingspecialformalities, ...
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Afteraverdictisissued, ithassomeeffects; ithasexeptiorei judicate; andsometimesbecomesenforceable; claimpartiesuseitsdemonstratingpower. Sometimestheeffectsareconfinedtothepartiesinvolvedandothertimestheyarenot. Theresultofthecourt’sjudgment, asalegalentitywhichisobtainedfollowingspecialformalities, iscapableofbeingusedandreliedonagainstallcitizens. Forthecasesinwhichtheeffectsoftheverdictareconfinedtotheclaimparties, wecanspeakoftheprivityprinciple. Exceptfortheclaimparties, thereisnoprofitorloss.
