Private Law
Mohamad Mohsen Karami
Abstract
Among the contracts or agreements in civil law, there are some in which an object is placed against the other (i.e. another obligation) and each of them is relied on the other. The significance of these contracts and their common feature, which is the reciprocity of exchanges, has forced the researcher ...
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Among the contracts or agreements in civil law, there are some in which an object is placed against the other (i.e. another obligation) and each of them is relied on the other. The significance of these contracts and their common feature, which is the reciprocity of exchanges, has forced the researcher to investigate this feature and its issues.The contract’s termination due to the insolvency option and also contractual termination based on the option of price delay in the sale contract as a obvious sample of exchange contracts and the obligation of the obligee to fulfill the obligation are also included. Execution of reciprocal obligations provide for execution of guarantees in the contract such as inserting the obligation in the contract or granting the termination right in the case of obligation non-fulfillment by the obligor.Predicting the termination right is useful since in Iranian law, following Imami jurisprudence, violating the contract is not a license to terminate the contract, however a guarantee of the initial implementation of the other party's obligation to fulfill the obligation, but this rule is not mandatory and the parties can the contract stipulates which non-fulfillment of any obligation leads to a termination right for the other party.
Private Law
Yusra Tarafdare Monfared; Mohamad Mohsen Karami
Abstract
Dissemination in common ownership and property division is subject to the rules and regulations which the legislature has observed in order to ensure the health of people's financial and transactional relations. Dissemination in ownership occurs in cases without the individuals’ will and sometimes ...
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Dissemination in common ownership and property division is subject to the rules and regulations which the legislature has observed in order to ensure the health of people's financial and transactional relations. Dissemination in ownership occurs in cases without the individuals’ will and sometimes with their motivation.In this investigation, all articles published up to the winter 2021 in Persian in distribution in ownership and division of common property were reviewed. These articles by searching databases, Law Quarterly, Iranian Scientific Journal, sid.ir, Jurisprudence and Law Quarterly and Civilica Publications, Private Law Research Quarterly, using keywords such as division, common property, common ownership, division ownership have been obtained. It has also been derived from prominent scientific journals from the above-mentioned articles and websites.Due to the common property, object or benefit or religion or similar or trustee property, the legislator has in the first place permitted the partners to make the division as they wish by consensus and agreement between them and if no agreement is reached, the split applicant can want the partners’ obligations to conduct division.Based on the research and division law and sale of common property approved in 1978, the competent authority to request the division of registered properties is the local registration office in which the property is located..
