Journal Paper

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Journal: حقوقی دادگستری
Year:1391 | Volume:76 | Issue:80
Start Page:119 | End Page:140

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Title

A COMPARATIVE STUDY OF THE ABILITY TO DETERMINE THE PRICE IN IRAN AND ENGLAND LEGAL SYSTEM

Pages

 Start Page 119 | End Page 140

Abstract

 According to civil law and jurisprudence basics, determination of PRICE is one of the essential conditions for creation of SALEs contracts. The issue has been considered in the laws of many countries. In some countries such as Uk Advanced rules has been passed by which ability of specifying and even failing to specify the PRICE does not cause to invalidity of SALE contract and the PRICE can be determined by counter party or a third person, While in the Iran law system, according to dominant view it has been argued on specifying the PRICE at the moment that the contract is being concluded and impossibility of conferring it to others. Rare opinions exists between jurists and jurisprudence specialists which has more application as to social and economic necessities by which in some cases avoiding to determine the PRICE or conferring the issue to the other person would not cause any damage to the validity of contract.

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