Analysis of Lien in Family Institution with Emphasizing on Insolvency of Husband
The civil law of Iran, considering jurisprudence, has predicted sanctions to prevent the breach of contractual liabilities. These sanctions are divided into two kinds of legal and contractual. Civil law doctrine of Iran has identified lien as one of the legal sanctions to prevent the breach of contr...
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| Format: | Article |
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Razavi University of Islamic Sciences
2021-05-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_1268_64a0841c8979de958e6176b32261327d.pdf |
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| author | Abbas Ghasemi Hamed Muhammad Ali Saeidi Mostafa Shahbazi Muhammad Ali Ghavami Nia Ali Reza Matin Nia |
| author_facet | Abbas Ghasemi Hamed Muhammad Ali Saeidi Mostafa Shahbazi Muhammad Ali Ghavami Nia Ali Reza Matin Nia |
| author_sort | Abbas Ghasemi Hamed |
| collection | DOAJ |
| description | The civil law of Iran, considering jurisprudence, has predicted sanctions to prevent the breach of contractual liabilities. These sanctions are divided into two kinds of legal and contractual. Civil law doctrine of Iran has identified lien as one of the legal sanctions to prevent the breach of contractual liabilities. However, the title “contractual liabilities” has the primitive renunciation to financial liabilities, the legislator has identified the mentioned right as a guarantee mean in family institution. The main question of the present study is whether lien could play its role as a guarantee mean in family institution or not. By analyzing the linen characteristics, particularly in insolvency of husband and determining some of these characteristics of the mentioned right in recent condition, the result would be obtained that at least we can not consider this sanction in family if the husband is insolvent, however, there are doubts about the basis of this sanction in family institution. These doubts will be more severe by studying the main factors of desirable sanction and the negative consequences of “linen” in family, since it has some consequences in contrary to the family, so that this holy institution would be leaded to the lesion transaction which renders the family bases unsteady. This problem aggravates when the husband is insolvent. The issued question of this study has been deducted by the assistance of legal-jurisprudential logical analysis. |
| format | Article |
| id | doaj-art-ce80b1b3dd2e4452a2be73c19a6fe580 |
| institution | Kabale University |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2021-05-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-ce80b1b3dd2e4452a2be73c19a6fe5802025-08-20T03:58:36ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902021-05-01132327129610.30513/cjd.2021.1489.12961268Analysis of Lien in Family Institution with Emphasizing on Insolvency of HusbandAbbas Ghasemi Hamed0Muhammad Ali Saeidi1Mostafa Shahbazi2Muhammad Ali Ghavami Nia3Ali Reza Matin Nia4Full professor at Shahid Beheshti UniversityAssistant professor at Razavi UniversityA PhD of Private LawAn MA of Quran & Hadith SciencesAn MA of International LawThe civil law of Iran, considering jurisprudence, has predicted sanctions to prevent the breach of contractual liabilities. These sanctions are divided into two kinds of legal and contractual. Civil law doctrine of Iran has identified lien as one of the legal sanctions to prevent the breach of contractual liabilities. However, the title “contractual liabilities” has the primitive renunciation to financial liabilities, the legislator has identified the mentioned right as a guarantee mean in family institution. The main question of the present study is whether lien could play its role as a guarantee mean in family institution or not. By analyzing the linen characteristics, particularly in insolvency of husband and determining some of these characteristics of the mentioned right in recent condition, the result would be obtained that at least we can not consider this sanction in family if the husband is insolvent, however, there are doubts about the basis of this sanction in family institution. These doubts will be more severe by studying the main factors of desirable sanction and the negative consequences of “linen” in family, since it has some consequences in contrary to the family, so that this holy institution would be leaded to the lesion transaction which renders the family bases unsteady. This problem aggravates when the husband is insolvent. The issued question of this study has been deducted by the assistance of legal-jurisprudential logical analysis.https://cjd.razavi.ac.ir/article_1268_64a0841c8979de958e6176b32261327d.pdflienthe right to refuselegal sanctionsdelievery of nupital giftsurrender to sexual intercourse |
| spellingShingle | Abbas Ghasemi Hamed Muhammad Ali Saeidi Mostafa Shahbazi Muhammad Ali Ghavami Nia Ali Reza Matin Nia Analysis of Lien in Family Institution with Emphasizing on Insolvency of Husband آموزههای فقه مدني lien the right to refuse legal sanctions delievery of nupital gift surrender to sexual intercourse |
| title | Analysis of Lien in Family Institution with Emphasizing on Insolvency of Husband |
| title_full | Analysis of Lien in Family Institution with Emphasizing on Insolvency of Husband |
| title_fullStr | Analysis of Lien in Family Institution with Emphasizing on Insolvency of Husband |
| title_full_unstemmed | Analysis of Lien in Family Institution with Emphasizing on Insolvency of Husband |
| title_short | Analysis of Lien in Family Institution with Emphasizing on Insolvency of Husband |
| title_sort | analysis of lien in family institution with emphasizing on insolvency of husband |
| topic | lien the right to refuse legal sanctions delievery of nupital gift surrender to sexual intercourse |
| url | https://cjd.razavi.ac.ir/article_1268_64a0841c8979de958e6176b32261327d.pdf |
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