Related Links
Statistics
| Number of Journals | 32 |
| Number of Issues | 591 |
| Number of Articles | 5,779 |
| Article View | 8,660,891 |
| PDF Download | 6,342,772 |
The status of the liquidated damage in belonging the sold to other in the laws of Iran and Egypt With a reflection on judicial procedure | ||
| پژوهشنامه حقوق تطبیقی | ||
| Article 11, Volume 10, Issue 2 - Serial Number 22, August 2026 | ||
| Document Type: Original Article | ||
| DOI: 10.22080/lps.2025.28645.1715 | ||
| Authors | ||
| Saleh Yamrali* 1; Firoz Mansoori2; Ebrahim Javanmard Farkhani3 | ||
| 1Assistant Professor, Department of Theology, Faculty of Humanities and Sports Sciences, Gonbadkavos University, Gonbadkavos, Iran | ||
| 2Assistant Professor, Department of Law, Faculty of Law and Political Science, Balkh University, Mazar-e-Sharif, Afghanistan | ||
| 3Assistant Professor, Theology Department, ,Faculty of Humanities. University of Gonbad Qavous, Gonbad Qavous, Iran. | ||
| Receive Date: 16 February 2025, Revise Date: 16 May 2025, Accept Date: 21 June 2025 | ||
| Abstract | ||
| Regarding the condition of the obligation in case the property becomes the property of another person, the Iranian Civil Code has chosen a position of silence, but Articles 445 and 446 of the Egyptian Civil Code, as well as the judicial practice of this country, have considered such an obligation condition valid if the intention of the parties is clear. Iranian legal doctrine and judicial practice are diverse in this regard. Those who believe that the obligation condition is invalid cite the invalidity of the condition due to the invalidity of the contract, the contradiction of the condition with the essence of the contract, and the contradiction of the condition with mandatory laws. Those who believe that such a condition is valid cite the effects of the sale, the correctness of the guarantee of understanding, the independence of the guarantee of understanding condition, and the principle of the sovereignty of the will and the rule of action by the party against whom the condition is made. The findings of the present study, using a descriptive-analytical method, indicate that in Iranian law, such a condition is considered valid, but it must be interpreted and analyzed by the judge according to the circumstances and circumstances, and the custom and agreement regarding the time of application of this condition must be taken into account. The possibility of adjusting the amount of the obligation if it is excessive or insignificant is not accepted in Iranian law, but in Egyptian law, according to the stipulation of Article 224 of the Civil Code, such adjustment is possible by the judge. | ||
| Keywords | ||
| Clause; contract; avoid. correct.obligation; guarantee of understanding; nosy deal | ||
| References | ||
|
| ||
|
Statistics Article View: 250 |
||