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Title

EXAMINE THE NATURE AND PRINEIPLES OF JURISPRUDENCE, LEGAL LIABILITY

Pages

 Start Page 6 | End Page 37

Abstract

 In all legal systems, PENALTY CLAUSE is a known concept. In contrast to the legal systems governed by German-Roman system, in which PENALTY CLAUSE has an ancient origin, and for this reason it is in form of a codified concept, in Islamic law, PENALTY CLAUSE is not a codified notion, and it had been adopted from the article 1152 of French civil code, when the legislature was in charge of preparing the article 230 of Iranian civil law. Despite the fact, that French civil code has been amended to modify this notion, the article 230 of Iranian civil code, which is the only article stipulating PENALTY CLAUSE, has not been modified from that time, and its nature and effects is still ambiguous. Therefore, it is required to study the nature and effects of PENALTY CLAUSE in Iranian legal system by comparing it with its origin.

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