Discharge of contractual obligations in civil code of Iran

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

Research output: Contribution to journalArticle

Abstract

Discharge of contractual obligations is one of the most important legal subjects and Articles 264-300 of Iranian Civil Code are devoted to this issue. Discharge of obligation is termination of commitment as a result of legal means. These means are classified in Article 264 Civil Code of Iran as the following namely; by fulfilment of obligation, by cancellation of bargain, by release from obligation, by substitution of obligation, by offset and recoupment and by acquisition of debt. Legislators of Iranian Civil Code have extracted this article from Article 1234 French Civil Code with some changes. Iranian law was dramatically under the influence of two legal Islamic and Roman-German systems. This matter led to approaching the form of Iranian Civil Code to the French Civil Code and its content to the Islamic law. In legislating Iranian Civil rights, two movements of Islamism and modernism were combined with each other but this extraction and structural imitation with all of its features contains many problems and ambiguities. In this study, the data gathered is of the library type and the research method is analytical. This study can be of benefit for law students, attorneys and judges aiming to help them better understand the discharge of contract law in Iran.

Original languageEnglish
Pages (from-to)412-420
Number of pages9
JournalSocial Sciences (Pakistan)
Volume8
Issue number5
DOIs
Publication statusPublished - 2013

Fingerprint

civil code
Iran
obligation
Law
law of obligations
islamism
imitation
civil rights
substitution
indebtedness
research method
commitment

Keywords

  • Agreement
  • Contract
  • Discharge
  • Iran
  • Legal system
  • Obligation

ASJC Scopus subject areas

  • Social Sciences(all)

Cite this

Discharge of contractual obligations in civil code of Iran. / Pirhaji, Mehdi; Shaik Ahmad Yusoff, Sakina; Mohamed Isa, Suzanna; Jalali, Mahmoud.

In: Social Sciences (Pakistan), Vol. 8, No. 5, 2013, p. 412-420.

Research output: Contribution to journalArticle

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