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Journal: QURAN AND HADITH STUDIES (NEW APPROACHES IN QURAN AND HADITH STUDIES) | Year:2009 | Volume:- | Issue:82/1 | Start Page:205 | End Page:232

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Information Journal Paper

Title

AN ANALYSIS OF SUSPENSION IN CANCELLATION OF CONTRACT IN IMĀMĪ JURISPRUDENCE AND FRENCH LAW

Writers

YAZDANIAN A.R.

Pages

 Start Page 205 | End Page 232

Abstract

 Despite the claimed consensus concerning the cancellation of suspension in signing a contract, certain suspended institutions (established laws) can be found in Imāmī jurisprudence, which are very similar to "suspension in cancellation of commitment" in French law. In one respect, the source of Iranian civil law in commitments section has been Imāmī jurisprudence and French civil law, but this legal institution is missing here. Thereby, the question arises as to whether suspension in cancellation of commitment is included in the above-mentioned consensus and is not compatible to the Iranian law, hence not being explicitly accepted; or, for complementing the law, such legal institutions can be considered as out of consensus with regard to some jurisprudential establishments and accepted in Iranian law, too. Using the comparative study, this article is addressing SUSPENSION IN CANCELLATION OF CONTRACT and its effects.

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