Impact of Awarding Insolvency of a Person on Consideration Transaction in Iranian Law
There is no consensus among legal writers about the effect of bankruptcy of one party on the fate of the contract. Some consider it to be the reason for the annulment of the contract. The basis of this view is the collapse of a balance that should be between ability of delivery of each of the two co...
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Razavi University of Islamic Sciences
2019-08-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_10_cbcea27f42c305d73cc2502d01a0624d.pdf |
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| author | Alireza Fasihizadeh Omid Hafizi Mahmood Jalali Morteza Tabibi |
| author_facet | Alireza Fasihizadeh Omid Hafizi Mahmood Jalali Morteza Tabibi |
| author_sort | Alireza Fasihizadeh |
| collection | DOAJ |
| description | There is no consensus among legal writers about the effect of bankruptcy of one party on the fate of the contract. Some consider it to be the reason for the annulment of the contract. The basis of this view is the collapse of a balance that should be between ability of delivery of each of the two considerations in all contracts. Most authors, however, have explained the provisions of Article 380 of the Civil Code and the seller’s discretion in the repayment of the object of the sale available to the buyer or the right of detaining in the case of a buyer’s bankruptcy based on his discretion in termination of the transaction that has been interpreted as the option for insolvency. A theory which, although it is to somehow adapted to some of the jurisprudential opinions and is referred to as one of the general rules of transactions, firstly, there was no explicit reference to it in civil law and in the interpretation of the Shiite jurisprudents it is often referred to as “right of returning”, not “option for insolvency”. Secondly, it is inconsistent with some of the relevant provisions of this law in the trade law. Thirdly, within the framework of the pure analyses of civil law, the supportive basis behind this article is more perfectly balanced with the maintaining the necessity of contract and, at the same time, taking into account the seller as a “creditor prior to other creditors”. |
| format | Article |
| id | doaj-art-a126cebb84fe4f2bb3129ade036764ed |
| institution | Kabale University |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2019-08-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-a126cebb84fe4f2bb3129ade036764ed2025-08-20T03:32:07ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902019-08-011119336010Impact of Awarding Insolvency of a Person on Consideration Transaction in Iranian LawAlireza Fasihizadeh0Omid Hafizi1Mahmood Jalali2Morteza Tabibi3Assistant professor at University of IsfahanPhD student of Private Law at University of IsfahanAssociate professor at University of IsfahanAssistant professor at University of IsfahanThere is no consensus among legal writers about the effect of bankruptcy of one party on the fate of the contract. Some consider it to be the reason for the annulment of the contract. The basis of this view is the collapse of a balance that should be between ability of delivery of each of the two considerations in all contracts. Most authors, however, have explained the provisions of Article 380 of the Civil Code and the seller’s discretion in the repayment of the object of the sale available to the buyer or the right of detaining in the case of a buyer’s bankruptcy based on his discretion in termination of the transaction that has been interpreted as the option for insolvency. A theory which, although it is to somehow adapted to some of the jurisprudential opinions and is referred to as one of the general rules of transactions, firstly, there was no explicit reference to it in civil law and in the interpretation of the Shiite jurisprudents it is often referred to as “right of returning”, not “option for insolvency”. Secondly, it is inconsistent with some of the relevant provisions of this law in the trade law. Thirdly, within the framework of the pure analyses of civil law, the supportive basis behind this article is more perfectly balanced with the maintaining the necessity of contract and, at the same time, taking into account the seller as a “creditor prior to other creditors”.https://cjd.razavi.ac.ir/article_10_cbcea27f42c305d73cc2502d01a0624d.pdfoption of insolvencyright of prioritytheory of balanceterminationbankruptcy |
| spellingShingle | Alireza Fasihizadeh Omid Hafizi Mahmood Jalali Morteza Tabibi Impact of Awarding Insolvency of a Person on Consideration Transaction in Iranian Law آموزههای فقه مدني option of insolvency right of priority theory of balance termination bankruptcy |
| title | Impact of Awarding Insolvency of a Person on Consideration Transaction in Iranian Law |
| title_full | Impact of Awarding Insolvency of a Person on Consideration Transaction in Iranian Law |
| title_fullStr | Impact of Awarding Insolvency of a Person on Consideration Transaction in Iranian Law |
| title_full_unstemmed | Impact of Awarding Insolvency of a Person on Consideration Transaction in Iranian Law |
| title_short | Impact of Awarding Insolvency of a Person on Consideration Transaction in Iranian Law |
| title_sort | impact of awarding insolvency of a person on consideration transaction in iranian law |
| topic | option of insolvency right of priority theory of balance termination bankruptcy |
| url | https://cjd.razavi.ac.ir/article_10_cbcea27f42c305d73cc2502d01a0624d.pdf |
| work_keys_str_mv | AT alirezafasihizadeh impactofawardinginsolvencyofapersononconsiderationtransactioniniranianlaw AT omidhafizi impactofawardinginsolvencyofapersononconsiderationtransactioniniranianlaw AT mahmoodjalali impactofawardinginsolvencyofapersononconsiderationtransactioniniranianlaw AT mortezatabibi impactofawardinginsolvencyofapersononconsiderationtransactioniniranianlaw |