Condition of Performance of an Act to Third Party

Generally, in Iranian law, the condition over third party act includes condition of act to third party in a strict meaning and commitment to third party act. In the case of the condition over third party act, the parties are binding on third party (the last Section of Art. 234 of the Civil Code); wh...

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Main Authors: Mahdi Hasanzadeh, Ahad Shahi Daman Jani, HASSAN alipour
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2017-12-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
Subjects:
Online Access:https://jplr.atu.ac.ir/article_8137_3990c560a37a48e9828b8857c985e25b.pdf
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author Mahdi Hasanzadeh
Ahad Shahi Daman Jani
HASSAN alipour
author_facet Mahdi Hasanzadeh
Ahad Shahi Daman Jani
HASSAN alipour
author_sort Mahdi Hasanzadeh
collection DOAJ
description Generally, in Iranian law, the condition over third party act includes condition of act to third party in a strict meaning and commitment to third party act. In the case of the condition over third party act, the parties are binding on third party (the last Section of Art. 234 of the Civil Code); whereas in the commitment to third party act, someone undertaking in regard to third party will accept obligation  against the other party. Specifically, the condition over third party act conflicts with the majority of contractual principles and legal provisions. What is legal justification for and basis of the above-mentioned condition? This article deals with the following issues: The nature, legal status and criterion of validity of the condition over third party act, its differences and its link with the commitment to third party act. It also examines how the legal relationship between the parties and  with third party will be in the event of rejection and acceptance of the condition by third party.
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spelling doaj.art-d04f1d85330c499f88f9625e6d5c3bcd2023-12-26T07:48:03ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322017-12-016219311710.22054/jplr.2017.81378137Condition of Performance of an Act to Third PartyMahdi Hasanzadeh0Ahad Shahi Daman Jani1HASSAN alipour2دانشیار دانشگاه قمدانشجوی دکتریدانشجوی دکتری حقوق خصوصیGenerally, in Iranian law, the condition over third party act includes condition of act to third party in a strict meaning and commitment to third party act. In the case of the condition over third party act, the parties are binding on third party (the last Section of Art. 234 of the Civil Code); whereas in the commitment to third party act, someone undertaking in regard to third party will accept obligation  against the other party. Specifically, the condition over third party act conflicts with the majority of contractual principles and legal provisions. What is legal justification for and basis of the above-mentioned condition? This article deals with the following issues: The nature, legal status and criterion of validity of the condition over third party act, its differences and its link with the commitment to third party act. It also examines how the legal relationship between the parties and  with third party will be in the event of rejection and acceptance of the condition by third party.https://jplr.atu.ac.ir/article_8137_3990c560a37a48e9828b8857c985e25b.pdf"condition of performance of an act to third party""obligation to third performance""third party"" nature"
spellingShingle Mahdi Hasanzadeh
Ahad Shahi Daman Jani
HASSAN alipour
Condition of Performance of an Act to Third Party
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
"condition of performance of an act to third party"
"obligation to third performance"
"third party"
" nature"
title Condition of Performance of an Act to Third Party
title_full Condition of Performance of an Act to Third Party
title_fullStr Condition of Performance of an Act to Third Party
title_full_unstemmed Condition of Performance of an Act to Third Party
title_short Condition of Performance of an Act to Third Party
title_sort condition of performance of an act to third party
topic "condition of performance of an act to third party"
"obligation to third performance"
"third party"
" nature"
url https://jplr.atu.ac.ir/article_8137_3990c560a37a48e9828b8857c985e25b.pdf
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