Emergence of Non-Gratuitousness in Iranian Law, Imamiyah Jurisprudence and a Comparative Contrast with the UK Legal System
The brief composition of Article 265 of the Iranian Civil Code, not only is resulted in different interpretations regarding this Article, but also has caused the issuance of distinct judgments by the courts. Owing to this fact, setting up a unified in order to avoid confusion among the parties to a...
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| Format: | Article |
| Language: | fas |
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University of Qom
2019-12-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_1421_5677305d9b6f66b4d679bf47719ad9e3.pdf |
| _version_ | 1797233022654742528 |
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| author | ahmad shams saeed shiri |
| author_facet | ahmad shams saeed shiri |
| author_sort | ahmad shams |
| collection | DOAJ |
| description | The brief composition of Article 265 of the Iranian Civil Code, not only is resulted in different interpretations regarding this Article, but also has caused the issuance of distinct judgments by the courts. Owing to this fact, setting up a unified in order to avoid confusion among the parties to a certain case, the courts and lawyers has become an undeniable necessity. In this research, through resorting to doctrine, the views relating to the foregoing Article are studied and analyzed and it is attempted to introduce the view among the existing ones which is more compatible with laws, custom and case law of the courts is Iran. Also, thorough a comparative approach, it is tried to study the procedure in the UK legal system and by means of employing the advantages of this system and contrasting it with the legal system governing the country, express a solution for ending this fragmentation in judgments. In the other side, because of the undeniable role of Article 1235 of French Civil Code in the codification of Article 265 of Iranian Civil Code (Many of the lawyers believe that Article 265 of Iranian Civil Code is an incomplete adaptation of Article 1235 of French Civil Code), the existing views as to these two Articles would be expressed. At the end of the study it is seen that in accordance with the majority standpoint, delivering a property to another person is not the presumption for indebtedness, while according the Islamic jurisprudents in case of disagreement between the giver and receiver of the property, the claim of the giver is preferred. |
| first_indexed | 2024-04-24T16:09:34Z |
| format | Article |
| id | doaj.art-0e2529e2e7294f85b683e2966341ec51 |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:09:34Z |
| publishDate | 2019-12-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-0e2529e2e7294f85b683e2966341ec512024-03-31T19:08:33ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212019-12-0163558810.22091/csiw.2019.1235.10791421Emergence of Non-Gratuitousness in Iranian Law, Imamiyah Jurisprudence and a Comparative Contrast with the UK Legal Systemahmad shams0saeed shiri1Associate Professor, Department of Law, Faculty of Law and Political and Economic Sciences, Islamic Azad University, South Tehran BranchMA in Private Law, Islamic Azad University, Faculty of Law and Political and Economic Sciences, South Tehran BranchThe brief composition of Article 265 of the Iranian Civil Code, not only is resulted in different interpretations regarding this Article, but also has caused the issuance of distinct judgments by the courts. Owing to this fact, setting up a unified in order to avoid confusion among the parties to a certain case, the courts and lawyers has become an undeniable necessity. In this research, through resorting to doctrine, the views relating to the foregoing Article are studied and analyzed and it is attempted to introduce the view among the existing ones which is more compatible with laws, custom and case law of the courts is Iran. Also, thorough a comparative approach, it is tried to study the procedure in the UK legal system and by means of employing the advantages of this system and contrasting it with the legal system governing the country, express a solution for ending this fragmentation in judgments. In the other side, because of the undeniable role of Article 1235 of French Civil Code in the codification of Article 265 of Iranian Civil Code (Many of the lawyers believe that Article 265 of Iranian Civil Code is an incomplete adaptation of Article 1235 of French Civil Code), the existing views as to these two Articles would be expressed. At the end of the study it is seen that in accordance with the majority standpoint, delivering a property to another person is not the presumption for indebtedness, while according the Islamic jurisprudents in case of disagreement between the giver and receiver of the property, the claim of the giver is preferred.https://csiw.qom.ac.ir/article_1421_5677305d9b6f66b4d679bf47719ad9e3.pdfpaymentnon gratuitouslaw of iranimamiyah jurisprudenceenglish legal system |
| spellingShingle | ahmad shams saeed shiri Emergence of Non-Gratuitousness in Iranian Law, Imamiyah Jurisprudence and a Comparative Contrast with the UK Legal System پژوهش تطبیقی حقوق اسلام و غرب payment non gratuitous law of iran imamiyah jurisprudence english legal system |
| title | Emergence of Non-Gratuitousness in Iranian Law, Imamiyah Jurisprudence and a Comparative Contrast with the UK Legal System |
| title_full | Emergence of Non-Gratuitousness in Iranian Law, Imamiyah Jurisprudence and a Comparative Contrast with the UK Legal System |
| title_fullStr | Emergence of Non-Gratuitousness in Iranian Law, Imamiyah Jurisprudence and a Comparative Contrast with the UK Legal System |
| title_full_unstemmed | Emergence of Non-Gratuitousness in Iranian Law, Imamiyah Jurisprudence and a Comparative Contrast with the UK Legal System |
| title_short | Emergence of Non-Gratuitousness in Iranian Law, Imamiyah Jurisprudence and a Comparative Contrast with the UK Legal System |
| title_sort | emergence of non gratuitousness in iranian law imamiyah jurisprudence and a comparative contrast with the uk legal system |
| topic | payment non gratuitous law of iran imamiyah jurisprudence english legal system |
| url | https://csiw.qom.ac.ir/article_1421_5677305d9b6f66b4d679bf47719ad9e3.pdf |
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