Examining the Blue Pencil Rule in Common Law and Comparing it with Islamic Jurisprudence and Law of Iran
The blue pencil rule in common law is one of the solutions for dealing with partial nullity of the contract according to which the examining authority can, without the request of parties, pave the way for the partial enforcement of the contract through eliminating its void part. Due to the silence a...
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| Format: | Article |
| Language: | fas |
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University of Qom
2021-03-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
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| Online Access: | https://csiw.qom.ac.ir/article_1750_845186cd971261ccfbbacbdb80be8161.pdf |
| _version_ | 1797233069087784960 |
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| author | mohammad hosein vakili moghadam |
| author_facet | mohammad hosein vakili moghadam |
| author_sort | mohammad hosein vakili moghadam |
| collection | DOAJ |
| description | The blue pencil rule in common law is one of the solutions for dealing with partial nullity of the contract according to which the examining authority can, without the request of parties, pave the way for the partial enforcement of the contract through eliminating its void part. Due to the silence and ambiguity of Iranian Civil Code in this regard and the possibility of its occurrence in contracts, it seems to be necessary to examine and explain the acceptable solution in Islamic jurisprudence and law of Iran. Paying attention to conditions and cases relative to this rule in common law, this article attempts to elucidate the justifying foundations of the rule and assess its compatibility with law of Iran. To conclude, it can be said that although the possibility of eliminating the void part of the contract is compatible with the basics of law of contracts and is supported by transactional custom and is of practical advantages, the effects of this elimination have caused many jurisprudential-legal disagreements. This article, explaining the quality of the application of this rule in the trial procedure, considers the abolition and distribution of consideration as the main effects of the partial nullity of contract compatible with the foundations of Iranian law. |
| first_indexed | 2024-04-24T16:10:18Z |
| format | Article |
| id | doaj.art-b73cdf453f064788b4d7c012a0ffb163 |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:18Z |
| publishDate | 2021-03-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-b73cdf453f064788b4d7c012a0ffb1632024-03-31T19:10:43ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212021-03-018122925810.22091/csiw.2021.5872.18931750Examining the Blue Pencil Rule in Common Law and Comparing it with Islamic Jurisprudence and Law of Iranmohammad hosein vakili moghadam0Assistant Professor, Department of Private Law, Hazrat-e-Masumeh University.The blue pencil rule in common law is one of the solutions for dealing with partial nullity of the contract according to which the examining authority can, without the request of parties, pave the way for the partial enforcement of the contract through eliminating its void part. Due to the silence and ambiguity of Iranian Civil Code in this regard and the possibility of its occurrence in contracts, it seems to be necessary to examine and explain the acceptable solution in Islamic jurisprudence and law of Iran. Paying attention to conditions and cases relative to this rule in common law, this article attempts to elucidate the justifying foundations of the rule and assess its compatibility with law of Iran. To conclude, it can be said that although the possibility of eliminating the void part of the contract is compatible with the basics of law of contracts and is supported by transactional custom and is of practical advantages, the effects of this elimination have caused many jurisprudential-legal disagreements. This article, explaining the quality of the application of this rule in the trial procedure, considers the abolition and distribution of consideration as the main effects of the partial nullity of contract compatible with the foundations of Iranian law.https://csiw.qom.ac.ir/article_1750_845186cd971261ccfbbacbdb80be8161.pdfpartial nullitydefectvoid termdistribution of the considerationpartial enforcement of the contract |
| spellingShingle | mohammad hosein vakili moghadam Examining the Blue Pencil Rule in Common Law and Comparing it with Islamic Jurisprudence and Law of Iran پژوهش تطبیقی حقوق اسلام و غرب partial nullity defect void term distribution of the consideration partial enforcement of the contract |
| title | Examining the Blue Pencil Rule in Common Law and Comparing it with Islamic Jurisprudence and Law of Iran |
| title_full | Examining the Blue Pencil Rule in Common Law and Comparing it with Islamic Jurisprudence and Law of Iran |
| title_fullStr | Examining the Blue Pencil Rule in Common Law and Comparing it with Islamic Jurisprudence and Law of Iran |
| title_full_unstemmed | Examining the Blue Pencil Rule in Common Law and Comparing it with Islamic Jurisprudence and Law of Iran |
| title_short | Examining the Blue Pencil Rule in Common Law and Comparing it with Islamic Jurisprudence and Law of Iran |
| title_sort | examining the blue pencil rule in common law and comparing it with islamic jurisprudence and law of iran |
| topic | partial nullity defect void term distribution of the consideration partial enforcement of the contract |
| url | https://csiw.qom.ac.ir/article_1750_845186cd971261ccfbbacbdb80be8161.pdf |
| work_keys_str_mv | AT mohammadhoseinvakilimoghadam examiningthebluepencilruleincommonlawandcomparingitwithislamicjurisprudenceandlawofiran |