A Comparative Study of the Foundations of Non-opposability in the Laws of Iran and France and Imamiyah Jurisprudence
Non-opposability” is a legal situation that means the ability to deny legal elements (such as contracts). It means that third parties injured by the legal elements may disregard the effects of such elements on their own and reject the legal existence of such elements. However, their rejection and ne...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
University of Qom
2020-12-01
|
| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_1747_ab7ed495060365d305821f1dad08a587.pdf |
| _version_ | 1797233049700663296 |
|---|---|
| author | Mahsa Robati Saeed Mohseni Syyed Mohammad Mahdi Ghabouli Dorafshan |
| author_facet | Mahsa Robati Saeed Mohseni Syyed Mohammad Mahdi Ghabouli Dorafshan |
| author_sort | Mahsa Robati |
| collection | DOAJ |
| description | Non-opposability” is a legal situation that means the ability to deny legal elements (such as contracts). It means that third parties injured by the legal elements may disregard the effects of such elements on their own and reject the legal existence of such elements. However, their rejection and neglect do not negate all the effects of the legal element, especially its effects on the direct persons (such as parties to the juridical act). In this article, due to the numerous examples of non-opposability in commercial law, by classifying the mentioned examples of inopposability in commercial law, the whyness of non-opposability in these cases is analyzed and this point is studied whether it is possible to present a general and pervasive basis for all of these multiple examples? In this study, for achieving an appropriate answer, through a comparative approach and by means of a descriptive-analytic method, in addition to investigating the foundations put forward in French law as the origin of non-opposability situation, the rules of Imamiyah jurisprudence confirming the aforementioned situation have been examined as well. |
| first_indexed | 2024-04-24T16:10:00Z |
| format | Article |
| id | doaj.art-6ec0ed05dd5847f49c66fb444cf96710 |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:00Z |
| publishDate | 2020-12-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-6ec0ed05dd5847f49c66fb444cf967102024-03-31T19:10:33ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212020-12-0174336610.22091/csiw.2021.4973.16881747A Comparative Study of the Foundations of Non-opposability in the Laws of Iran and France and Imamiyah JurisprudenceMahsa Robati0Saeed Mohseni1Syyed Mohammad Mahdi Ghabouli Dorafshan2Ph. D. Candidate in Private Law, Faculty of Law, University of Tehran, Farabi College.Associate Professor, Department of Private Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad .Associate Professor, Department of Private Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad.Non-opposability” is a legal situation that means the ability to deny legal elements (such as contracts). It means that third parties injured by the legal elements may disregard the effects of such elements on their own and reject the legal existence of such elements. However, their rejection and neglect do not negate all the effects of the legal element, especially its effects on the direct persons (such as parties to the juridical act). In this article, due to the numerous examples of non-opposability in commercial law, by classifying the mentioned examples of inopposability in commercial law, the whyness of non-opposability in these cases is analyzed and this point is studied whether it is possible to present a general and pervasive basis for all of these multiple examples? In this study, for achieving an appropriate answer, through a comparative approach and by means of a descriptive-analytic method, in addition to investigating the foundations put forward in French law as the origin of non-opposability situation, the rules of Imamiyah jurisprudence confirming the aforementioned situation have been examined as well.https://csiw.qom.ac.ir/article_1747_ab7ed495060365d305821f1dad08a587.pdfthird partieslegal securityrelative lack of influencerelative lack of effect |
| spellingShingle | Mahsa Robati Saeed Mohseni Syyed Mohammad Mahdi Ghabouli Dorafshan A Comparative Study of the Foundations of Non-opposability in the Laws of Iran and France and Imamiyah Jurisprudence پژوهش تطبیقی حقوق اسلام و غرب third parties legal security relative lack of influence relative lack of effect |
| title | A Comparative Study of the Foundations of Non-opposability in the Laws of Iran and France and Imamiyah Jurisprudence |
| title_full | A Comparative Study of the Foundations of Non-opposability in the Laws of Iran and France and Imamiyah Jurisprudence |
| title_fullStr | A Comparative Study of the Foundations of Non-opposability in the Laws of Iran and France and Imamiyah Jurisprudence |
| title_full_unstemmed | A Comparative Study of the Foundations of Non-opposability in the Laws of Iran and France and Imamiyah Jurisprudence |
| title_short | A Comparative Study of the Foundations of Non-opposability in the Laws of Iran and France and Imamiyah Jurisprudence |
| title_sort | comparative study of the foundations of non opposability in the laws of iran and france and imamiyah jurisprudence |
| topic | third parties legal security relative lack of influence relative lack of effect |
| url | https://csiw.qom.ac.ir/article_1747_ab7ed495060365d305821f1dad08a587.pdf |
| work_keys_str_mv | AT mahsarobati acomparativestudyofthefoundationsofnonopposabilityinthelawsofiranandfranceandimamiyahjurisprudence AT saeedmohseni acomparativestudyofthefoundationsofnonopposabilityinthelawsofiranandfranceandimamiyahjurisprudence AT syyedmohammadmahdighaboulidorafshan acomparativestudyofthefoundationsofnonopposabilityinthelawsofiranandfranceandimamiyahjurisprudence AT mahsarobati comparativestudyofthefoundationsofnonopposabilityinthelawsofiranandfranceandimamiyahjurisprudence AT saeedmohseni comparativestudyofthefoundationsofnonopposabilityinthelawsofiranandfranceandimamiyahjurisprudence AT syyedmohammadmahdighaboulidorafshan comparativestudyofthefoundationsofnonopposabilityinthelawsofiranandfranceandimamiyahjurisprudence |