Document Type : Research/Original/Regular Article

Authors

• mostafa shahbazi ¹
• mahdi sajadikia ²

¹ Researcher and private law lecturer, graduate of Razavi University of Islamic Sciences

² Doctoral student of private law, faculty of law and political science, Kharazmi University of Tehran/researcher of private law and Judiciary Research Institute

Abstract

By studying the existing works regarding the right of lien, it can be concluded that this right exists as an "absolute negative right" for the parties in the contracts, by which the parties can refuse to fulfill their obligations immediately after the conclusion of the contract. . make their obligations subject to fulfilling the obligations of the other party. In this theory, this right exists absolutely and unconditionally for each of the parties. This theory is stated in Article 377 of the Civil Code. In the research process, we come to the conclusion that this reading of the mentioned right is not without problems and it should be considered against some legal and jurisprudential principles and in some cases it leads to "intentional violation". In addition, the theory of "suspension" with the use of "objection and defense" can be presented as an alternative theory. According to this theory, not only is the lien not absolute and negative, but it is not multiplied by the number of parties.

Keywords

• Right of arrest
• Absolute right
• Exchange contracts
• Refusal to fulfill an obligation
• Immediate implementation of obligations

Main Subjects

• Private Law