Balance of the Interests of the Owner and the Buyer in the Unauthorized Transactions in Iranian Law and Imamiyah Jurisprudence by Comparison with Common Law System
In Iranian Law and Imamiyah jurisprudence there is no strong support for the purchaser in good faith against the owner to the extent that if the transaction is concluded in the presence of the owner but he/she is silent, the transaction needs his/her consent (Article 249) and in this regard, no righ...
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| Format: | Article |
| Language: | fas |
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University of Qom
2020-03-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_1527_a8fbac996cbff2c908fd602c22c52007.pdf |
| _version_ | 1827300736652804096 |
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| author | Mohammad Mahdi Azizollahi zeinab talabaki |
| author_facet | Mohammad Mahdi Azizollahi zeinab talabaki |
| author_sort | Mohammad Mahdi Azizollahi |
| collection | DOAJ |
| description | In Iranian Law and Imamiyah jurisprudence there is no strong support for the purchaser in good faith against the owner to the extent that if the transaction is concluded in the presence of the owner but he/she is silent, the transaction needs his/her consent (Article 249) and in this regard, no right is considered for the buyer. While in the Common Law system it is tried to make a balance between the interest of the buyer in good faith and interests of the owner. Therefore, the Common Law system ignores the nemo dat rule that protects the right to ownership of individuals and takes several exceptions in supporting the unauthorized buyer. It appears that Imamiyah jurisprudence has the capacity to make a balance between the interests of the buyer and ones of the owner. It appears that rules such as causation and deception can provide this possibility so that in some cases the owner can make the negligent owner responsible for damages beard by the buyer. Furthermore, invoking these two rules pave the way for changing in view and paying attention to affairs beyond preserving the ownership of individuals. |
| first_indexed | 2024-04-24T16:10:12Z |
| format | Article |
| id | doaj.art-9f99b6b4be35440b8588a05a1e569cfd |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:12Z |
| publishDate | 2020-03-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-9f99b6b4be35440b8588a05a1e569cfd2024-03-31T19:08:52ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212020-03-017124126610.22091/csiw.2020.4392.15681527Balance of the Interests of the Owner and the Buyer in the Unauthorized Transactions in Iranian Law and Imamiyah Jurisprudence by Comparison with Common Law SystemMohammad Mahdi Azizollahi0zeinab talabaki1Assistant Professor, Department of Private Law, Faculty of Law, University of Qom.Ph. D. Candidate in Private Law, Faculty of Law, University of QomIn Iranian Law and Imamiyah jurisprudence there is no strong support for the purchaser in good faith against the owner to the extent that if the transaction is concluded in the presence of the owner but he/she is silent, the transaction needs his/her consent (Article 249) and in this regard, no right is considered for the buyer. While in the Common Law system it is tried to make a balance between the interest of the buyer in good faith and interests of the owner. Therefore, the Common Law system ignores the nemo dat rule that protects the right to ownership of individuals and takes several exceptions in supporting the unauthorized buyer. It appears that Imamiyah jurisprudence has the capacity to make a balance between the interests of the buyer and ones of the owner. It appears that rules such as causation and deception can provide this possibility so that in some cases the owner can make the negligent owner responsible for damages beard by the buyer. Furthermore, invoking these two rules pave the way for changing in view and paying attention to affairs beyond preserving the ownership of individuals.https://csiw.qom.ac.ir/article_1527_a8fbac996cbff2c908fd602c22c52007.pdfproperty principledeceptionno harmthe support of the purchaser in good faithcommon law |
| spellingShingle | Mohammad Mahdi Azizollahi zeinab talabaki Balance of the Interests of the Owner and the Buyer in the Unauthorized Transactions in Iranian Law and Imamiyah Jurisprudence by Comparison with Common Law System پژوهش تطبیقی حقوق اسلام و غرب property principle deception no harm the support of the purchaser in good faith common law |
| title | Balance of the Interests of the Owner and the Buyer in the Unauthorized Transactions in Iranian Law and Imamiyah Jurisprudence by Comparison with Common Law System |
| title_full | Balance of the Interests of the Owner and the Buyer in the Unauthorized Transactions in Iranian Law and Imamiyah Jurisprudence by Comparison with Common Law System |
| title_fullStr | Balance of the Interests of the Owner and the Buyer in the Unauthorized Transactions in Iranian Law and Imamiyah Jurisprudence by Comparison with Common Law System |
| title_full_unstemmed | Balance of the Interests of the Owner and the Buyer in the Unauthorized Transactions in Iranian Law and Imamiyah Jurisprudence by Comparison with Common Law System |
| title_short | Balance of the Interests of the Owner and the Buyer in the Unauthorized Transactions in Iranian Law and Imamiyah Jurisprudence by Comparison with Common Law System |
| title_sort | balance of the interests of the owner and the buyer in the unauthorized transactions in iranian law and imamiyah jurisprudence by comparison with common law system |
| topic | property principle deception no harm the support of the purchaser in good faith common law |
| url | https://csiw.qom.ac.ir/article_1527_a8fbac996cbff2c908fd602c22c52007.pdf |
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