Crossing from the interpretation of contract to the conversion of contract, Thinking about socialization of contract law
In contractual relationships, the principle is to preserve and continue contractual relationships in order to prevent social and economic losses. This is the basis of the concept of "conversion of contract" analysed by judges by considering the "practical result", that is, econom...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2019-08-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_10168_556eca4903b98bef0b325566fb6b04e9.pdf |
| _version_ | 1797375782533726208 |
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| author | abdulwahed Afzali mahdi shahabi mohammadmahdi alsharif |
| author_facet | abdulwahed Afzali mahdi shahabi mohammadmahdi alsharif |
| author_sort | abdulwahed Afzali |
| collection | DOAJ |
| description | In contractual relationships, the principle is to preserve and continue contractual relationships in order to prevent social and economic losses. This is the basis of the concept of "conversion of contract" analysed by judges by considering the "practical result", that is, economic purposes of the parties within the framework of "social interests". Therefore, the conversion of contract goes beyond the issue of interpretation, since it is justified on the basis of the "socialization of law" approach. In addition, this theory is not in conflict with Islamic jurisprudence (Fiqh), because it focuses on the socialization of law at the level of "the purpose of the contract" and does not seek to regain the basis of the validity of the contract in the social conscience. Therefore, it has been recognised as a legal rule in Fiqh and Articles 144 and 618 of the Civil Codes of Egypt and Afghanistan. In Iranian legal system, it has not been recognized despite its practical implications. Since, the conversion of contract has economic and social benefits and is not in conflict with Fiqh, it can be adopted in the Civil Code by putting various instances under one title. |
| first_indexed | 2024-03-08T19:29:12Z |
| format | Article |
| id | doaj.art-28cf49810c7248a8858094eb43323e1c |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:12Z |
| publishDate | 2019-08-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-28cf49810c7248a8858094eb43323e1c2023-12-26T07:48:36ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322019-08-01727356210.22054/jplr.2019.29815.181410168Crossing from the interpretation of contract to the conversion of contract, Thinking about socialization of contract lawabdulwahed Afzali0mahdi shahabi1mohammadmahdi alsharif2PhD student of private law, University of Isfahanuniversity of IsfahanAssociate Professor, University of Isfahan, Faculty of Administrative Sciences and Economics, Department of LawIn contractual relationships, the principle is to preserve and continue contractual relationships in order to prevent social and economic losses. This is the basis of the concept of "conversion of contract" analysed by judges by considering the "practical result", that is, economic purposes of the parties within the framework of "social interests". Therefore, the conversion of contract goes beyond the issue of interpretation, since it is justified on the basis of the "socialization of law" approach. In addition, this theory is not in conflict with Islamic jurisprudence (Fiqh), because it focuses on the socialization of law at the level of "the purpose of the contract" and does not seek to regain the basis of the validity of the contract in the social conscience. Therefore, it has been recognised as a legal rule in Fiqh and Articles 144 and 618 of the Civil Codes of Egypt and Afghanistan. In Iranian legal system, it has not been recognized despite its practical implications. Since, the conversion of contract has economic and social benefits and is not in conflict with Fiqh, it can be adopted in the Civil Code by putting various instances under one title.https://jplr.atu.ac.ir/article_10168_556eca4903b98bef0b325566fb6b04e9.pdfinterpretation of contractconversion of contractsocialization of contract lawvoid contractcorrect contract |
| spellingShingle | abdulwahed Afzali mahdi shahabi mohammadmahdi alsharif Crossing from the interpretation of contract to the conversion of contract, Thinking about socialization of contract law Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī interpretation of contract conversion of contract socialization of contract law void contract correct contract |
| title | Crossing from the interpretation of contract to the conversion of contract, Thinking about socialization of contract law |
| title_full | Crossing from the interpretation of contract to the conversion of contract, Thinking about socialization of contract law |
| title_fullStr | Crossing from the interpretation of contract to the conversion of contract, Thinking about socialization of contract law |
| title_full_unstemmed | Crossing from the interpretation of contract to the conversion of contract, Thinking about socialization of contract law |
| title_short | Crossing from the interpretation of contract to the conversion of contract, Thinking about socialization of contract law |
| title_sort | crossing from the interpretation of contract to the conversion of contract thinking about socialization of contract law |
| topic | interpretation of contract conversion of contract socialization of contract law void contract correct contract |
| url | https://jplr.atu.ac.ir/article_10168_556eca4903b98bef0b325566fb6b04e9.pdf |
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