Comparative analysis of discharge of contractual obligations in Iran and Malaysia

Mehdi Pirhaji, Sakina Shaik Ahmad Yusoff, Suzanna Mohamed Isa, Mahmoud Jalali

Research output: Contribution to journalArticle

Abstract

The discharge of obligation is one of the most important legal issues to which special attention has been paid in both Iranian and Malaysian laws. Under Article 264 of the Iranian Civil Code, an obligation is discharged in one of the following ways: Fulfillment of the obligation, cancellation of agreement by mutual consent, release from obligation, substitution of a different obligation, set off and recoupment and acquisition of debt. In effect, Iranian legislation provides six modes of discharge of obligation. In Malaysian law on the other hand, an obligation is discharged through one of the following 4 ways: Performance, frustration, agreement and breach. With regard to form the Iranian Civil Code is dependent on a written legal system (the Roman-Germanic legal system) but in terms of content, it is influenced by Islamic law. By contrast, the Malaysian legal system is considerably influenced by an unwritten legal system (the common law). The task of this study is to examine and critique the modes of discharge of obligation under Iranian law in comparison with those under Malaysian law. The central goal is to remove the ambiguities and related problems observed in the Iranian law in order to give it greater efficacy. The research is a library-based type with a comparative analytic method.

Original languageEnglish
Pages (from-to)618-627
Number of pages10
JournalSocial Sciences (Pakistan)
Volume8
Issue number6
DOIs
Publication statusPublished - 2013

Fingerprint

Iran
Malaysia
obligation
legal system
Law
civil code
common law
frustration
substitution
indebtedness
legislation
performance

Keywords

  • Civil code
  • Common law
  • Contract
  • Discharge
  • Iran
  • Malaysia
  • Obligation

ASJC Scopus subject areas

  • Social Sciences(all)

Cite this

Comparative analysis of discharge of contractual obligations in Iran and Malaysia. / Pirhaji, Mehdi; Shaik Ahmad Yusoff, Sakina; Mohamed Isa, Suzanna; Jalali, Mahmoud.

In: Social Sciences (Pakistan), Vol. 8, No. 6, 2013, p. 618-627.

Research output: Contribution to journalArticle

Pirhaji, Mehdi ; Shaik Ahmad Yusoff, Sakina ; Mohamed Isa, Suzanna ; Jalali, Mahmoud. / Comparative analysis of discharge of contractual obligations in Iran and Malaysia. In: Social Sciences (Pakistan). 2013 ; Vol. 8, No. 6. pp. 618-627.
@article{a2a90c9058b144d1b65ebe188ef5c872,
title = "Comparative analysis of discharge of contractual obligations in Iran and Malaysia",
abstract = "The discharge of obligation is one of the most important legal issues to which special attention has been paid in both Iranian and Malaysian laws. Under Article 264 of the Iranian Civil Code, an obligation is discharged in one of the following ways: Fulfillment of the obligation, cancellation of agreement by mutual consent, release from obligation, substitution of a different obligation, set off and recoupment and acquisition of debt. In effect, Iranian legislation provides six modes of discharge of obligation. In Malaysian law on the other hand, an obligation is discharged through one of the following 4 ways: Performance, frustration, agreement and breach. With regard to form the Iranian Civil Code is dependent on a written legal system (the Roman-Germanic legal system) but in terms of content, it is influenced by Islamic law. By contrast, the Malaysian legal system is considerably influenced by an unwritten legal system (the common law). The task of this study is to examine and critique the modes of discharge of obligation under Iranian law in comparison with those under Malaysian law. The central goal is to remove the ambiguities and related problems observed in the Iranian law in order to give it greater efficacy. The research is a library-based type with a comparative analytic method.",
keywords = "Civil code, Common law, Contract, Discharge, Iran, Malaysia, Obligation",
author = "Mehdi Pirhaji and {Shaik Ahmad Yusoff}, Sakina and {Mohamed Isa}, Suzanna and Mahmoud Jalali",
year = "2013",
doi = "10.3923/sscience.2013.618.627",
language = "English",
volume = "8",
pages = "618--627",
journal = "Social Sciences (Pakistan)",
issn = "1818-5800",
publisher = "Medwell Publishing",
number = "6",

}

TY - JOUR

T1 - Comparative analysis of discharge of contractual obligations in Iran and Malaysia

AU - Pirhaji, Mehdi

AU - Shaik Ahmad Yusoff, Sakina

AU - Mohamed Isa, Suzanna

AU - Jalali, Mahmoud

PY - 2013

Y1 - 2013

N2 - The discharge of obligation is one of the most important legal issues to which special attention has been paid in both Iranian and Malaysian laws. Under Article 264 of the Iranian Civil Code, an obligation is discharged in one of the following ways: Fulfillment of the obligation, cancellation of agreement by mutual consent, release from obligation, substitution of a different obligation, set off and recoupment and acquisition of debt. In effect, Iranian legislation provides six modes of discharge of obligation. In Malaysian law on the other hand, an obligation is discharged through one of the following 4 ways: Performance, frustration, agreement and breach. With regard to form the Iranian Civil Code is dependent on a written legal system (the Roman-Germanic legal system) but in terms of content, it is influenced by Islamic law. By contrast, the Malaysian legal system is considerably influenced by an unwritten legal system (the common law). The task of this study is to examine and critique the modes of discharge of obligation under Iranian law in comparison with those under Malaysian law. The central goal is to remove the ambiguities and related problems observed in the Iranian law in order to give it greater efficacy. The research is a library-based type with a comparative analytic method.

AB - The discharge of obligation is one of the most important legal issues to which special attention has been paid in both Iranian and Malaysian laws. Under Article 264 of the Iranian Civil Code, an obligation is discharged in one of the following ways: Fulfillment of the obligation, cancellation of agreement by mutual consent, release from obligation, substitution of a different obligation, set off and recoupment and acquisition of debt. In effect, Iranian legislation provides six modes of discharge of obligation. In Malaysian law on the other hand, an obligation is discharged through one of the following 4 ways: Performance, frustration, agreement and breach. With regard to form the Iranian Civil Code is dependent on a written legal system (the Roman-Germanic legal system) but in terms of content, it is influenced by Islamic law. By contrast, the Malaysian legal system is considerably influenced by an unwritten legal system (the common law). The task of this study is to examine and critique the modes of discharge of obligation under Iranian law in comparison with those under Malaysian law. The central goal is to remove the ambiguities and related problems observed in the Iranian law in order to give it greater efficacy. The research is a library-based type with a comparative analytic method.

KW - Civil code

KW - Common law

KW - Contract

KW - Discharge

KW - Iran

KW - Malaysia

KW - Obligation

UR - http://www.scopus.com/inward/record.url?scp=84897631412&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84897631412&partnerID=8YFLogxK

U2 - 10.3923/sscience.2013.618.627

DO - 10.3923/sscience.2013.618.627

M3 - Article

AN - SCOPUS:84897631412

VL - 8

SP - 618

EP - 627

JO - Social Sciences (Pakistan)

JF - Social Sciences (Pakistan)

SN - 1818-5800

IS - 6

ER -