Proposals for the reform of iranian law on the discharge of contractual obligations

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

Research output: Contribution to journalArticle

Abstract

Article 264 of the Iranian Civil Code dwells on the discharge of obligation. The objective of this study is to address the lacunae and ambiguities identified in the said article. Toward this end, the article proposes a new classification of the means for the discharge of obligation which is in tune with legal developments in a new world, as well as a set of definitions for five of the six means of discharge left undefined in Article 264. The article begins by interrogating the classification of the means of discharge of and obligation contained and in Article 264, the lack of suitable definitions and the French influence on the drafting of the said article. The article then outlines other possible means for the discharge of obligation not contained in article 264 but are only mentioned in passing in different parts of the Civil Code. Following this, an alternative classification of the means for the discharge of obligation, comprising both direct and indirect means, is offered. The study also draws upon the views of other Islamic commentators on the scope for the improvement of Article 264. This article is a library-based research and the method is analytic and critical.

Original languageEnglish
Pages (from-to)163-172
Number of pages10
JournalSocial Sciences (Pakistan)
Volume9
Issue number3
DOIs
Publication statusPublished - 2014

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obligation
reform
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Keywords

  • Civil code
  • Contract
  • Discharge
  • Iran
  • Obligation
  • Reform

ASJC Scopus subject areas

  • Social Sciences(all)

Cite this

Proposals for the reform of iranian law on the discharge of contractual obligations. / Pirhaji, Mehdi; Shaik Ahmad Yusoff, Sakina; Mohamed Isa, Suzanna; Jalali, Mahmoud.

In: Social Sciences (Pakistan), Vol. 9, No. 3, 2014, p. 163-172.

Research output: Contribution to journalArticle

Pirhaji, Mehdi ; Shaik Ahmad Yusoff, Sakina ; Mohamed Isa, Suzanna ; Jalali, Mahmoud. / Proposals for the reform of iranian law on the discharge of contractual obligations. In: Social Sciences (Pakistan). 2014 ; Vol. 9, No. 3. pp. 163-172.
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